Even though in the November 5 elections in the United States all attention is focused on who will be elected president, the party that controls both houses of Congress (Senate and House of Representatives) will be decisive in trying to predict which policies will be implemented in the country. new administration.
In the United States, laws must obtain the approval of both chambers: the Senate and the House of Representatives, and then be signed by the president to take effect. Therefore, if each chamber is controlled by a different party, it is necessary to reach agreements between the two parties. Additionally, in the Senate there is a 19th century rule that can significantly delay the approval of a law. We call it obstruction or obstructionism.
He obstruction This is a mechanism that consists of delaying the vote in the Senate, indefinitely prolonging the debate on the standard in question. It begins with a senator’s announcement to block the rule. In the event of obstructionism, the vote of 60 out of 100 senators is required to end debate on the rule. In the case of budgetary matters and presidential appointments (for example: appointment of judges) only a simple majority is required to end the debates, 50 votes and not 60.
Against this blockage you can use the call nuclear optionby which the President of the Senate could declare unconstitutional the obstruction for violating the requirement of majority rule, since the Constitution overrides the Senate’s own rules. He obstruction It’s not in the Constitution. If used, this nuclear option will not be subject to appeal by the Senate minority. Regardless, the filibuster has been used 1,000 times in the past 12 years, while the nuclear option has been used very rarely.
When a law passed by both houses of Congress is presented to the president for signature, the president can exercise his veto and send the law back to Congress with objections. From there, for the law to be approved, requires the favorable vote of 2/3 of the House of Representatives and the Senate. Trump used his veto ten times during his presidency and Biden used it twelve times.
Trump used his veto ten times during his presidency and Biden used it twelve times.
In addition to the above, the President of the United States has the ability to issue Executive Orders (EOs) which do not pass through Congress and have the same power as a federal law. The U.S. Constitution grants a number of powers to the president, some described very generally and others specifically. It is understood that matters related to foreign affairs and military matters are the direct responsibility of the President. The ambiguity regarding the president’s powers to issue these executive orders means they can be reviewed and overturned by the courts.
It is common for the new president to revoke the decrees of his predecessor. So, on his first day in office, Biden signed nine executive orders, repealing some of those signed by Trump during his presidency.
All of the above conditions the type of measures that can be approved depending on whether the presidency and both chambers of Congress are controlled by the same party or if there is a situation of division: each chamber is controlled by one party.
The main conclusion from everything discussed is that even with a presidency and control of both houses by the same party, without controlling 2/3 of the Senate to avoid the obstructionthe rules must at least be agreed between the two parties. Furthermore, the maximalist measures of electoral programs must be put into perspective, given their difficult approval without consensus.
On the other hand, in the event of a change of administration, If Trump were to win, he could immediately issue executive orders on immigration, imposing tariffs, on issues related to the war in Ukraine and on deregulation of certain sectors. As an example, Trump withdrew the United States from the Trans-Pacific trade agreement on the third day of his presidency.
