Legislative and Judicial Powers

What are the President's judicial powers? The President gets judicial powers from the Constitution. The Constitution states that the President can "grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." A reprieve is the delay in carrying out a sentence. A pardon is the legal forgiveness of a crime. These are powers of clemency.

Clemency is mercy granted to an offender. The President may pardon a federal offender before the person is tried or charged. There has been some debate about the accused person accepting pardons, since some feel it is an admission of guilt. The Supreme Court finally ruled that a pardon must be accepted for it to be put into effect. The President also has amnesty power. Amnesty is a pardon that affects many people. In 1977, President Jimmy Carter granted amnesty to Vietnam War draft evaders

Which is true about the lawmaking process and the role of the President?

Congress must present every passed bill and resolution to the President.

The veto power, which gives the President the power to reject a new bill, is written in the Constitution. Congress must present every order and resolution to the President, according to the Constitution. If the President vetoes a bill passed by Congress, it can still become law. It goes back to Congress, and if the bill is passed by a two-thirds majority vote in each house, the veto is overridden and becomes law. In the past, Congress has had trouble getting a two-thirds majority after a presidential veto.

If the President does not sign or veto a bill, the bill will automatically become law in 10 working days. If the President does nothing and Congress adjourns before the 10-day period, the bill does not become law. This is called a pocket veto. This veto has been used often because Congress passes many bills in the last days of a session.

When the President signs a bill into law, the President can still comment and write additional information about the bill. The information might include criticisms of the new law or how he plans to enforce the law. These written issues are called signing statements. Andrew Jackson issued signing statements in the 1830s. In recent times, President George W. Bush used these statements in place of a veto. In the statements, he said how he thought the law should be applied and used.

In 1996, Congress passed The Line Item Veto Act, but the Supreme Court struck it down. A line-item veto means the President can cancel some parts of a new law. Most Presidents are in favor of being allowed to do this as part of the veto process. People who favor line-item vetoes say it would cut down on federal spending. Some people say line-item vetoes would give too much power to the executive branch. According to the Supreme Court decision, an amendment to the Constitution would have to be passed to allow a line-item veto. Other legislative powers of the President include the power to call Congress into special session. This was done after World War II to discuss economic actions. The President can also adjourn Congress whenever the two houses cannot agree on a date. This has never happened.

What are some of the judicial powers of the President?

Judicial powers include reprieve, pardon, clemency, and amnesty.

Check Your Understanding By his legislative powers, the President may tell Congress what laws the nation needs. The President proposes some laws in an annual State of the Union address and others in an annual budget plan and economic report. Once Congress passes a bill, the President has ten days to act on it. The President can sign the bill to make it law, allow it to become law without a signature, veto it, or use the pocket veto to let it die by not signing it before Congress adjourns. Also, from 1996 to 1998 the President had the power to use a line-item veto on spending and tax bills. This allowed the President to approve most of a bill while vetoing certain parts, called line items.

The Constitution also grants the President certain judicial powers. It authorizes the President to grant "reprieves and pardons for offenses against the United States, except in cases of impeachment." A reprieve is the postponement of the execution of a sentence. A pardon is legal forgiveness for a crime. The pardoning power includes the powers of commutation and amnesty. Amnesty is a general pardon offered to a group of law violators. These powers of clemency, that is, leniency or mercy, may only be used in cases involving federal offenses.

Introduction In addition to diplomatic and military powers, the President also has legislative and judicial powers. These powers are given to the President by the Constitution. This authority makes it possible for the President to check the actions of Congress and the federal courts. In this lesson you will learn about the President's legislative and judicial powers.

What are the legislative powers? The President is the nation's chief legislator. All bills passed by Congress must be sent to the President to be signed or vetoed. The President can also suggest laws to Congress. The Constitution directs the President to "give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary . . ." Once each year, the President makes a speech to Congress. This is called a State of the Union address. In this message, the President tells Congress and the nation about the condition of the country. Soon after the State of the Union address, the President prepares a budget and then presents it to Congress for approval. This is followed by the annual Economic Report.

The Power of the Veto The veto power is used when the President opposes a piece of legislation. When the President and the majority of Congress belong to the same party, opposition is rare. However, under a divided government, a struggle over legislation is more likely. Does the veto give the President too much power? Take a look at the chart. How did the 94th Congress exercise its check of President Ford's vetoes?

Why is the presidential veto a powerful tool? A) It allows the President to stop a law from taking effect.

line-item veto

a President's rejection of specific dollar amounts from a congressional spending bill

reprieve

delay in carrying out

pardon

legal forgiveness of a crime

clemency

mercy granted to an offender

signing statements

statements used to point out problems in a new law

pocket veto

the indirect veto of a bill by the President not acting on it

Clemency powers allow the President _____.

to reprieve a sentence or pardon a crime