People depend more on the President when a crisis happen or situations have to be solved, but in actuality Congress makes the main decisions on laws. When making decisions Congress has the upper hand over the President and the Supreme Court. The president is not allow to make any decisions without consulting congress first, Congress decides whether or not the law should be permitted, although the situation can go both ways whereas the congress makes the decision and the president consider whether or not to pursue the decisions.
The Government system involves three branches, which is the Legislative, Executive and Judicial branch. The three branches work together as one when making decisions or approving new laws. Society needs to realize when making decisions on major issues or situations, it involves more than just the President because Congress has to approve the President’s decision first. The Powers of Congress The Congress composes laws that influence our daily lives, we have to abide by the rules and respect the decisions made due to the fact that the laws are made to provide structure in the world we live in.
The Constitution grants Congress as the most significant power based on the fact that congress was made to approve laws that is in the best interest of the country. Article one, section 8 of the Constitution describes Congress powers, “Congress has the power to make laws, declare war, raise and provide public money, approve presidential appointments, approve treaties negotiated by the executive branch” (The Independence Hall Association, 2014). Many will assume that the President is the main head that will make the major decision when handling situations with the public, but the congress plays more of a major role.
Congress holds hearings to inform the legislative process, which conducts investigations to oversee the executive branch and serves as the voice of the people and the states in the federal government. Congress shares power with the executive branch, led by the President and the judicial branch, highest body is the Supreme Court. The main function of the legislative branch is law making. The Legislative branch consists of the House of Representatives and the Senate which together they form the Congress. The House of Representatives is made up of 435 elected members and the Senate 100, two for each state.
Members of the House are elected every two years and must be twenty five years of age, a U. S. citizen for at least seven years and a resident of the state they live in (Baker and Brannen, 2005). Being that the congress makes the majority, the job of a President requires more assistance and guidance. The Powers of the President The President has many responsibilities and acts as the head of the political party, leader of the military, the chief representative of the government as well as the country’s leader. The President was made commander in chief of the army and navy, given power to appoint as well as make treaties to receive ambassadors and ministers, to grant reprieves and pardons, to executes the laws, and to perform certain duties”(Ferguson and McHenry, 1975, pg. 252). The President is under the Executive branch which the President carries out the laws. The Executive branch also consists of the Vice President and Cabinet. The Vice President presides over the Senate and becomes President when the office falls. The Vice President fills an impartial role, voting only in case of a tie.
The President has the power to sign legislation into law or to veto bills enacted by Congress, even though Congress may override a veto with a two-thirds vote of both houses (Ferguson and McHenry, 1975, pg. 259). The Cabinet has remained an informal group without legal sanction, determined by custom and the President. The Cabinet only meets when it’s requested by the President, the Cabinet plays an important part when determining executive policy and coordinating administrative work or duties when helping the President.
The President may also make Executive agreements which are pledges of certain action made by the executives of two countries. The President Job is more stressful because the President deals with a lot of issues and the United States and other countries depend on him. The Judicial branch is the last branch of the U. S. Government system, the judicial branch evaluates laws and make sure laws protect freedom rather than restrict it. Which means protecting the rights of American citizens.
The Judicial branch is made up of the supreme court, the courts of appeals and lower courts called district courts, which they interprets the laws (Fitzpatrick, 2004, pg. 7). The Judicial Branch can do its job in three ways which is conducting trials of people who are accused of crimes and gives out sentences when they are guilty. Tries to resolve disagreements among individuals groups or institution. And interprets the laws to make sure that they are being enforced (Fitzpatrick, 2004, pg. 8). The Constitution ensures that the judicial branch has the independence to be impartial.
Also ensures that the interpretation of laws can change as the needs of citizen’s change. War Powers The President has authority over military and foreign policy meaning the President is the Commander in Chief of the Armed Forces. The President authorized hostilities at any level and fund them. Gives the President power to wage wars and declare wars. The executive shares the power over the military establishment with Congress (Ferguson and McHenry, 1975, pg. 263). Presidents can order U. S. troops to fight when the country is attacked or attack appears imminent but the Constitution gives the Congress power to set troop limits (McMahon, 2011).
During 1973 was the War Power Resolution the President have been commander in chief since 1789. As said in the reading, Legal experts Noah Feldman and Samuel Issacharoff wrote in March 2007 in Slate that while the Constitution empowered the Congress to make and end war, it intended the president to have the power to wage war effectively, once an authorized war was begun (McMahon, 2011). Legislation was passed over a veto by President Nixon, and it required that a president terminate combat in a foreign territory within sixty to ninety days unless there was Congressional authorization to continue.
War powers provided Presidents to respond to attacks or other emergencies. And to provide more coordination between the executive and legislative branches on the use of force. Making Laws Before congress can propose a law, the law needs to come from somewhere like the legislators or the President of the United States. The President and legislators can get their ideas from business leaders, private interest groups and lobbyists. Lobbyists are people who work for private interests to get favorable legislation passed in Congress.
They help members of Congress analyze how their votes on particular bills will affect their chances to be reelected (Baker and Brannen, Jr, 2005) There’s a process when making laws, laws have to go through Congress then sent over to the President. The President can then sign it or veto it. A bill is a draft of a proposed law. The President of the United States can’t introduce bills into Congress. When making laws a member of Congress introduces a bill into his or her legislative chamber. Then refers the proposed legislation to one or more committees.
The committee’s members review the bill and decide whether to hold public hearings to propose amendments, consider it favorably or set it aside. If the committee return the bill to the chamber of the body in which it was introduced, the members debate the measured may consider further amendments. When a majority in the House and in the Senate agree the bill should become law, it is then signed and sent to the President. The President may sign the Act of Congress into law or he may veto it. Congress can then override the President veto by a two-thirds vote of both the House and Senate thereby making the vetoed act a law.
So when making laws the Congress and the President both have responsibilities and important roles that they have to go by. Congress versus President Barack Obama President Barack Obama took office January 20th, 2009, President Barack Obama has been fighting Congress since he took office. Republican has now control both House and then Senate so now the fight gets fiercer because the Democratic Party is not in charged no more. President Obama has pledge to act through a combination of executive orders and agency regulations on the environment, power-plant emissions, net neutrality, immigration and infrastructure (Decker, 2015).
The Constitution framers had built a system in which three powerful branches of the government using checks and balances could limit each other’s power. President Barack Obama faces a lot of problems passing laws by Congress, Obama challenges Congress to pass new gun regulations. There can be a lot of problems when trying to face pass laws because Congress will always have a say so and the laws have to go through Congress first then be sent to the President.