Yes, he can!
No, only Congress has these enumerated powers
-I don't trust a man who talks about ethics when he's picking my pocket.- Time Enough For Love - Robert A Heinlein
My avatar created by Feliza Estrada firstname.lastname@example.org
Thus, I'd say the poll is precise enough. I thank you for your reply nonetheless.
Fact is, President Obama cannot veto DOMA anymore than he could veto any other existing law. If that were the case, he'd have repealled the Bush tax cuts by now. If a sitting President had that kind of power, why hasn't Obama exercised this authority by now?
Answer: HE CAN'T!!! Which brings the issue back around to the GOP candidates blowing smoke over repealing ObamaCare the first day they're in office - NO CAN DO!!!
A Signing Statement is usually what the President attaches to a law even if he disagrees with part(s) of it. Typically, the Presidnet will sign a bill but attach a "statement" to it outlining his grievences to certain provisions, but will still sign the law because the essence of the law is still constitutional.
An Executive Order is generally used by the President to inform Congress (and the general public) of certain provisions of a law he/she wishes to act on yet remain within the limits of the law. For example, President Obama moved forward with the Income-Based and Income-Contingency provisions of the Education Reconsiliation Act which is part of ObamaCare that allows college students to repay their student loans based on their modified adjusted gross income. This provision wasn't suppose to go into effect until around 2014, but he moved the time table up by issuing an Executive Order. This doesn't violate the law; just accelerates a provision of the law.
"...the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument."
Sounds like Marshall (who was a member of the Virginia convention that considered ratification of the U.S. Constitution) believed that all government officers must follow the Constitution first, even if it means rejecting laws they believe violate it.
"Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage
Although it is the responsibility of Congress to introduce and pass legislation, it is the president's duty to either approve those bills or reject them. Once the president signs a bill into law, it goes immediately into effect unless there is another effective date noted. Only the Supreme Court may remove the law, by declaring it unconstitutional.
The president may also issue a signing statement at the time he signs a bill. The presidential signing statement may simply explain the purpose of the bill, instruct the responsible executive branch agencies on how the law should be administered or express the president's opinion of the law's constitutionality.
The president may also veto a specific bill, which Congress can override with a two-thirds majority of the number of members present in both the Senate and the House when the override vote is taken. Whichever chamber of Congress originated the bill may also rewrite the legislation after the veto and send it back to the president for approval.
The president has a third option, which is to do nothing. In this case, two things can happen. If Congress is in session at any point within a period of 10 business days after the president receives the bill, it automatically becomes law. If Congress does not convene within 10 days, the bill dies and Congress cannot override it. This is known as a pocket veto.
No Congressional Approval Needed
There are two ways that presidents can enact initiatives without congressional approval. Presidents may issue a proclamation, often ceremonial in nature, such as naming a day in honor of someone or something that has contributed to American society. A president may also issue an executive order, which has the full effect of law and is directed to federal agencies that are charged with carrying out the order. Examples include Franklin D. Roosevelt's executive order for the internment of Japanese-Americans after the attack on Pearl Harbor, Harry Truman's integration of the armed forces and Dwight Eisenhower's order to integrate the nation's schools.
Congress cannot directly vote to override an executive order in the way they can a veto. Instead, Congress must pass a bill canceling or changing the order in a manner they see fit. The president will typically veto that bill, and then Congress can try to override the veto of that second bill. The Supreme Court can also declare an executive order to be unconstitutional. Congressional cancellation of an order is extremely rare."
Legislative Powers of the President of the United States
Treat the earth well: it was not given to you by your parents, it was loaned to you by your children. We do not inherit the Earth from our Ancestors, we borrow it from our Children. ~ Ancient American Indian Proverb
The President can only veto a bill that has been passed, but has not yet been signed into law. An active law has to be repealed in Congress and then the repeal bill has to be signed by the President.