Powers related to legislation




The president has several options when presented with a bill from Congress. If the president agrees with the bill, he can sign it into law within ten days of receipt. If the president opposes the bill, he can veto it and return the bill to Congress with a veto message suggesting changes unless the Congress is out of session then the president may rely on a pocket veto.

Presidents are required to approve all of a bill or none of it; selective vetoes have been prohibited. In 1996, Congress gave President Bill Clinton a line-item veto over parts of a bill that required spending federal funds. The Supreme Court, in Clinton v. New York City, found Clinton's veto of pork-barrel appropriations for New York City to be unconstitutional because only a constitutional amendment could give the president line-item veto power.

When a bill is presented for signature, the president may also issue a signing statement with expressions of their opinion on the constitutionality of a bill's provisions. The president may even declare them unenforceable but the Supreme Court has yet to address this issue.

Congress may override vetoes with a two-thirds vote in both the House and the Senate. The process has traditionally been difficult and relatively rare. The threat of a presidential veto has usually provided sufficient pressure for Congress to modify a bill so the president would be willing to sign it.

Much of the legislation dealt with by Congress is drafted at the initiative of the executive branch. In modern times, the "executive communication" has become a prolific source of legislative proposals. The communication is usually in the form of a message or letter from a member of the President's Cabinet, the head of an independent agency, or the President himself, transmitting a draft of a proposed bill to the Speaker of the House of Representatives and the President of the Senate. The president may personally propose legislation in annual and special messages to Congress including the annual State of the Union address and joint sessions of Congress. If Congress has adjourned without acting on proposals, the president may call a special session of the Congress.

Beyond these official powers, the U.S. president, as a leader of his political party and the United States government, holds great sway over public opinion whereby they may influence legislation.

To improve the working relationship with Congress, presidents in recent years have set up an Office of Legislative Affairs. Presidential aides have kept abreast of all important legislative activities.

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