Constitutional Limits on Executive Action: The Role of Congress in Gun Control Legislation

In the United States, the presidential role in lawmaking is often misunderstood. Joe Biden and the White House do not have the authority to make or create laws directly. Instead, the legislative process involves Congress, which is responsible for drafting, debating, and passing laws. This article discusses the specific steps in the lawmaking process and the limitations on executive action, particularly in the context of gun control legislation.

How Laws Are Made

The Constitution provides a clear framework for the making of laws in the United States. Here is a step-by-step overview of the process:

1. Proposal by Congress Members

The legislative process begins in either the House of Representatives or the Senate. Representatives and senators introduce bills based on suggestions, research, and public proposals. These bills must be approved by a majority in their respective chambers.

2. Committee Deliberation

Bills are then referred to relevant committees for thorough examination. Committees often hold hearings, gather expert testimony, and work to refine the legislation. This process ensures that bills are well-rounded and thoughtfully considered.

3. Floor Debate and Vote

Once a bill has been reported by the committee, it goes to the full floor of the House or Senate for debate and a vote. Both chambers require a simple majority (e.g., 218 votes in the House or 51 votes in the Senate) to pass a bill.

4. Reconciliation and Conference Committees

If the House and Senate pass different versions of a bill, a conference committee consisting of members from both chambers meets to work out the differences. The reconciled bill must then be voted on and passed by both chambers.

5. Presidential Action

Once both the House and Senate have passed the bill, it is sent to the President. The President can take several actions at this stage:

Absolutely one of the President's roles is to sign the bill into law. The President can also veto the bill, in which case it must be overridden by a two-thirds majority in both chambers. In some cases, particularly with budgetary matters, the President may use budget reconciliation, which only requires a simple majority in the Senate. Lastly, the President may do nothing, in which case the bill automatically becomes law after 10 days, unless Congress adjourns during those 10 days, in which case the bill does not become law.

6. Supreme Court Review

The Supreme Court is the final arbiter of whether a law is constitutional. If the Court finds a law to be unconstitutional, it can strike it down.

The Founders believed that the Senate would be a deliberative body, providing a check on the sometimes arbitrary decisions of the House. The Senate's role is to deeply analyze and balance the legislation, ensuring that it is well-reasoned and of high quality.

Gun Control Laws in the United States

Since the founding of the United States, there have been over 20,000 state and local gun control laws and over 300 federal gun control laws. However, as President Biden has repeatedly emphasized, these legislative efforts alone may not be sufficient to prevent legislating away evil actions.

Evil actions are driven by motivations and circumstances that are not solely the product of the legal code. While comprehensive gun control legislation is crucial, it must be accompanied by other measures such as education, community programs, and societal changes to address the root causes of violent actions.

Conclusion

The role of the President in lawmaking is restrained by the Constitution. The legislative process is a collaborative effort involving both chambers of Congress, and the President can neither create nor directly implement laws. The complexity and nuance of this process underscore the importance of each actor's role in shaping United States law, particularly in areas as critical as gun control.