Legal Question in Constitutional Law in Michigan

Congress vs. the President

Can Congress pass a law which modifies powers granted to the President by the Constitution? For example, could Congress pass a law which clarified the President's specific powers as Commander In Chief?

I know that amendments can be passed. I am wondering about other legislation. Even if it would be challenged later, can Congress pass it, and would it be enforced in the meantime? Thanks!


Asked on 2/14/06, 10:47 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Congress vs. the President

Congress may not enact any laws which alter the clear provisions of the US Constitution. Intrepretation of that document lies in the excluxive province of the US Supreme Court. Congress, then, may not act in that capactiy by attempting to "clarify" a provision of the supreme law of the land as that job is delegated to the supreme court of the land.

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Answered on 2/14/06, 11:01 am


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