Presidential power today 445
Aside from legislation, the only option for members of Congress to overturn a
president’s unilateral action is to take the president to court (probably all the way to the
Supreme Court) to demonstrate that he or she has overstepped his or her authority. In
the case of the Trump administration’s travel ban barring people from six countries
with large Muslim populations from entering the United States, some members of
Congress were involved in court cases intended to suspend or reverse the ban. The
problem with pursuing this option is the time required for judicial proceedings—and
the fact that the courts may uphold the president’s right to act unilaterally. A later
version of the ban was upheld by the Supreme Court in June 2018. But policies that
contradict congressional intent may in fact be completely constitutional.
President Trump’s closeness to
Russian president Vladimir Putin has
led to speculation about the nature
of their relationship. After President
Trump refused to agree that Russians
actually interfered in the 2016 election,
Congress enacted a Russia sanctions
bill. This is an example of members
of Congress undoing a president’s
unilateral action by enacting a law to
overturn it.
Protesters from the Council on
American-Islamic Relations stand
outside of the Supreme Court as
they hear arguments about whether
President Trump’s travel ban on
travelers from six mostly Muslim
countries violates immigration laws
or the Constitution.
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