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32 - The Politics of Shared Power

Congress and the Executive – Excerpt

Published online by Cambridge University Press:  05 June 2012

Steven S. Smith
Affiliation:
Washington University, St Louis
Jason M. Roberts
Affiliation:
University of North Carolina, Chapel Hill
Ryan J. Vander Wielen
Affiliation:
Temple University, Philadelphia
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Summary

Fisher examines executive–legislative relations and contends that the modern manifestastion of this relationship increasingly deviates from the theoretical notion of a strict separation of powers. Rather, Congress and the president have taken on numerous roles in the other's traditional domain. In this excerpt, Fisher explores the ways in which the president is engaged in the legislative process and members of Congress are engaged in the administration of programs.

PRESIDENT AS LEGISLATOR

To a literalist, the Constitution limits the president to two forms of legislative activity: (1) the right to recommend to Congress such measures “as he shall judge necessary and expedient” and (2) the power to veto a bill. To this list can be added the president's power (shared with the Senate) to make treaties, which the Constitution defines as part of “the supreme Law of the Land.” A fourth source of influence, which has been exercised on rare occasions in the past, permits him to convene both houses or either of them. In case they disagree on the time of adjournment, the president can adjourn them “to such Time as he shall think proper.”

The Supreme Court has held that in the “framework of our Constitution the President's power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.” According to this view the Constitution limits the president's functions in the lawmaking process to “the recommending of laws he thinks wise and the vetoing of laws he thinks bad.”

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Publisher: Cambridge University Press
Print publication year: 2008

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References

Fisher, Louis. 1998. “President as Legislator” and “Congress as Administrator” in Fisher, Louis, The Politics of Shared Power: Congress and the Executive (Texas A&M University Press), 23–105. Reprinted with permissionGoogle Scholar

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