Two weeks ago it was reported by CNN “that the White House is quietly talking about drafting formal health care legislation after allowing Congress to work on its own for months.”
Multiple sources close to the process told CNN on Friday that while the plan is uncertain, the administration is preparing for the possibility of delivering its own legislation to Capitol Hill sometime after President Obama’s speech to a joint session of Congress on Wednesday.
I hate to break it to you Mr. President, but that is not part of your constitutional authority. According to article 2, section 3 of the US Constitution, the office of the US President has the following responsibilities regarding Congress:
- He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient (emphasis mine);
- he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper;
- he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
The branch of government that has the power to make laws is the Legislative Branch.
Article 1, section 8 – The Legislative Branch:
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
The President is permitted to recommend a course of action to Congress but he is not authorized to make laws.
Now that President Obama’s speech to a joint session of Congress has come and past, will we see the Executive Branch assuming the role of the Legislative Branch?
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