Question

For each of the presidential powers below, explain one way that congressional decision making is affected by that power. • veto power • power to issue executive orders • power as commander in chief
b. for each of the congressional powers

Answer 1

The decisions of Congress are heavily influenced by the power of the president. One example would be the power of veto. Even if Congress passes a law in both the House of Representatives and Senate, it does not become a law until the president officially signs it. If the president vetoes (overrules) this law, then Congress must be able to override this veto with a 2/3 vote in both the Senate and House. With this in mind, Congress must ensure before passing the law that if it is vetoed that they would have the power to still make this law possible.

As commander in chief, the president has significant power of the military. Even though Congress needs to approve a declaration of war, they must consider what policies the president will implement once the country is at war. 

Answer 2

For veto power, Congressional decision making is affected by the knowledge that in both houses of Congress, a two-thirds majority will be needed to override the President's veto.  There is also the historical knowledge that Congress has overriden less than 10% of presidential vetoes.  So Congress will seek to make sure they have sufficient votes before proceeding, unless they want to pass the legislation simply as a statement of principle, knowing they don't have the votes to override a veto.

For the power to issue executive orders, Congress recognizes that the President has power on implementing government programs and policies.  However, for major policy initiatives, legislative action would be required.  So Congress still holds the chief lawmaking authority, but the President can make some adjustments within how laws or policies are put into action by issuing executive orders.

For the President's power as commander-in-chief, Congress has the ability to assert the War Powers Resolution, which was passed over a presidential veto in 1973.  

The War Powers Act gave Congress (the legislative branch) power over whether to continue fighting a war.  The War Powers Resolution blocks presidents from continuing the pursuance of a war without Congress's approval.  The President, as Commander-in-Chief, can send US troops to carry out a military action, but to continue that military engagement beyond 60 days (plus a 30 day withdrawal period) requires the President to obtain the approval of Congress.  

We might note that the US Constitution leaves some tension in place between the legislative and executive branch when it comes to the country's involvement in war.  Article I of the Constitution gives Congress the power to declare war.  But Article II names the President the Commander-in-Chief, and presidents frequently have understood that role as containing the authority to deploy US forces without first getting congressional approval.  The War Powers Act has been an ongoing point of controversy as US forces have been sent into all sorts of conflict zones in the 21st century without formal declarations of war.