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why can't the U.S President do something about it? or does it have to be through congress?
by perfectstorm 5y ago
why can't the U.S President do something about it? or does it have to be through congress?
- colejohnson66 5y agoThe President’s branches can only do what Congress allows them to do. If Congress prohibits him (the IRS) from doing this, he can’t Executive Order his way around it. (It’s more complicated than that, but that’s the idea)
- dredmorbius 5y agoThe theory in the US is of a separation of powers, and a devolution of powers from the Constitution. https://en.wikipedia.org/wiki/Separation_of_powers_under_the_United_States_Constitution https://en.wikipedia.org/wiki/Separation_of_powers_under_the... The three branches of the US government are the Legislative, which creates law, the Executive, which enacts and enforces it, and the Judiciary, which judges it. Their powers and limitations are in part set out in the US Constitution, though major doctrines, e.g., the US Supreme Court's power of judicial review, and the ability to declare statutory law unconstitutional, are established by precedent and practice (in this case, Marbury vs. Madison, see: https://en.wikipedia.org/wiki/Marbury_v._Madison https://en.wikipedia.org/wiki/Marbury_v._Madison). In short: - The President (head of the Executive Branch) can only act within the framework of laws passed by Congress. There is executive law, in the form of the Code of Federal Regulations, which is generally drafted by federal agencies, but it is secondary to the statutory law. https://www.archives.gov/federal-register/cfr/about.html https://www.archives.gov/federal-register/cfr/about.html The President also has power of appointments, pardons, and leading the armed forces, but not declaration of war. - Congress passes legislation, statutory law, known as the United States Code, or USC. https://uscode.house.gov/ https://uscode.house.gov/ This is the principle power of Congress, though it also has the power to approve or deny appointments, and to hear impeachments, as well as to declare war and ratify treaties. - The Judiciary as noted both hears cases and provides judicial review over law. All three branches have their powers defined in the US Constitution and its amendments. TL;DR: He cannot, the US presidency is powerful, but still limited. Laws passed by Congress must be either rescinded by Congress or invalidated by the Court. Though there is probably some creative executive action which might be possible, and ... could be interesting to contemplate.