What the President May and May Not Do Without Congress

Campaign Briefing: Constitutional Clarification

2028 Presidential Campaign of Martin A. Ginsburg, RN

October 23, 2025

Before we turn to matters of governance, policy, or politics, we ask for a moment of reflection. On this day, October 23rd, 1983, 241 American service members—220 Marines, 18 sailors, and 3 soldiers—lost their lives in the bombing of the Marine barracks in Beirut, Lebanon. They were serving far from home, under a flag that represents both our freedom and our shared responsibility to one another. Their sacrifice, like that of all who wear the uniform, reminds us that public service can carry the highest cost. We remember them not as a number, but as individuals—sons and daughters, brothers and sisters, friends and comrades—whose duty took them into harm’s way. May their memory endure in our national conscience, and may their families know that we have not forgotten.

The President is not a monarch. The people are not subjects. And Congress is not a suggestion.

That’s the starting point of this campaign's understanding of presidential power under the Constitution. The President of the United States serves as the head of the executive branch, not as the author of legislation or the final arbiter of public will. The President’s oath is not to a party or platform—it is to the Constitution of the United States. That document does not grant sweeping authority to remake policy unilaterally. Instead, it divides power across three branches for a reason: to protect the American people from arbitrary rule.

This campaign is committed to restoring that constitutional balance—not just in letter, but in practice.

What the President Can Do Without Congress

There are legitimate powers granted directly to the President by Article II of the Constitution and by precedent. These are tools, not blank checks. They include:

• Issue Executive Orders: The President may direct federal agencies in how to implement laws already passed by Congress. Executive orders are binding on the executive branch but cannot create new laws or override legislation. They are administrative instruments—not legislative acts.

• Appoint Senior Officials: With the advice and consent of the Senate, the President appoints Cabinet members, federal judges, ambassadors, and agency heads. Some temporary appointments (especially during recess) are possible without Senate confirmation, but even those are time-limited.

• Act as Commander-in-Chief: The President commands the armed forces but may not declare war—that power is reserved to Congress. Emergency deployments are allowed, but sustained military action requires congressional authorization under the War Powers Resolution.

• Negotiate Treaties and Foreign Policy: The President may negotiate with other nations, but treaties require ratification by two-thirds of the Senate. Informal agreements and diplomacy are possible, but binding international commitments must pass through the legislative branch.

• Grant Pardons and Reprieves: The President may pardon individuals convicted of federal crimes (excluding impeachment). This is an independent power, but its ethical use is a measure of presidential character.

• Veto Legislation: The President may veto bills passed by Congress—but that veto can be overridden with a two-thirds vote in both chambers. This is not a command, but a check.

• Emergency Actions in Limited Scope: During natural disasters, attacks, or public health crises, the President can marshal federal resources (e.g., via FEMA or HHS). But the President cannot create new funding, taxes, or federal law without Congress.

What the President Cannot Do Without Congress

• Pass New Laws or Create New Programs: Only Congress can pass legislation. The President may recommend or advocate for new laws, but cannot unilaterally create them.

• Spend or Reallocate Federal Money: All public funds originate in the House of Representatives. The President may not invent, redirect, or withhold funding from congressionally mandated programs without legal authority to do so.

• Raise or Lower Taxes: Taxation is solely a congressional power. No President may change tax rates or structures without legislative action.

• Unilaterally Cancel Student Debt, Create Health Programs, or Ban Guns: These are legislative matters, not executive ones. A President can propose such policies and work with Congress to pass them, but cannot enact them by fiat.

• Expand or Restrict Immigration Lawfully: While the President oversees border enforcement, actual immigration quotas, asylum rules, and status adjustments require congressional lawmaking.

• Amend the Constitution: No President can unilaterally change the Constitution or reinterpret it beyond the authority given by the courts.

• Regulate Speech, the Press, or Assembly: These are constitutional rights the President is sworn to protect—not regulate.

Our Campaign’s Promise: Lead Within the Lines, Publish Every Step

This campaign is built on a core principle: If the President must work through Congress, then the people deserve to know exactly what the President is asking Congress to do.

We will publish every policy proposal, every reform plan, and every advisory council recommendation—in full and in advance—for public review. Not summaries. Not slogans. The actual proposals, so that every American citizen can read them, evaluate them, and contact their representatives to support or question them.

We believe that a President should not pressure Congress behind closed doors, but should persuade the public in full view. That persuasion should be rooted in civic education, ethical governance, and national dialogue—not manipulation.

No President should demand. A President must explain.

What the Constitution Requires, and What Citizens Deserve

The Constitution does not create a system of unilateral action. It is a system of coordination. In that system, Congress represents the people, the President executes the law, and the courts interpret it. When any one branch tries to dominate the others, the Republic suffers.

We’ve seen recent presidencies test those boundaries. Some issued executive orders to evade Congress. Others claimed inherent authority to act without legislative support. Still others issued signing statements declaring they would ignore parts of laws they signed.

We reject that path.

This campaign is committed to:

• Respecting the separation of powers.

• Reinforcing Congress’s role as lawmaker.

• Modeling transparency and constitutional restraint.

But constitutional restraint does not mean inaction. It means channeling action through the right structure.

Civic Literacy Is a Civic Duty

Most Americans were never taught the full range of what the presidency can and cannot do. This vacuum has been filled by slogans, social media myths, and wishful thinking. Many voters believe the President can "fix" healthcare, immigration, or education alone. But that misunderstanding feeds frustration and cynicism.

Our campaign will correct it. Not by lowering expectations—but by raising civic understanding.

We will publish Civic Briefings alongside each policy proposal. These will explain:

• Who has the power to act;

• What steps are legally required;

• Where citizen input can make the most difference.

We believe that when people understand the process, they can participate with power and clarity—not just hope and frustration.

This President Will Ask for Your Voice, Not Assume Your Consent

The greatest constitutional power is not in Article II. It’s in the Preamble: “We the People.”

This candidate will not govern by press release. Nor by executive overreach. Nor by false promises of what the President can do alone.

Instead, we will propose. We will publish. We will invite correction, critique, and support. We will turn to the people—not to bypass Congress, but to equip Congress with your voices.

The presidency is not a crown. It is a compass—meant to be checked, corrected, and guided by the people it serves.

That’s how this campaign sees the office. And that’s the oath we are prepared to take.