What powers are vested in the Executive Branch?

Encyclopedia of Opinion

Question: What powers are vested in the Executive Branch?
Position‹2 of 4›: Legislative Powers (Article II, Section 3)
Argument‹2 of 3›: Veto congressional legislation

The president may exercise his power to refuse approval or resolution of bills passed by Congress, but the branch's veto may be overturned by a 2/3's vote in both the Senate and House.

The argument

According to article 1 of the Constitution "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a Law."

Premises

[P1]The Constitution requires that every bill passed by the House and Senate be presented to the President before becoming law. [P2] The President may refuse to sign a bill and return it with objections, exercising a veto. [P3] Only a two-thirds vote in both Houses can override that veto. [C] Therefore, the power to veto congressional legislation is among the legislative powers vested in the executive branch.

Counter-arguments

Critics of classifying the veto as a 'legislative power' of the president note that the Constitution vests legislative power in Congress (Article I), and the presentment clause gives the president a check on legislation rather than the power to make law. The veto is a negative — the ability to block or delay a bill — not an affirmative lawmaking power, and it can be overridden by a two-thirds vote in each chamber, so it is better characterised as an executive check within the legislative process than as a legislative power proper. There is also a citation slip: the veto clause is in Article I, not the Article II, Section 3 the position label references, which concerns recommending measures and convening Congress. So while the president clearly holds the veto, filing it as a 'legislative power' is contestable.

Rejecting the premises

[Rejecting P1] The Constitution vests legislative power in Congress; the veto is a check that blocks or delays a bill, not an affirmative power to make law, and it can be overridden, so it is better classed as an executive check than a legislative power. [Rejecting C] The president holds the veto, but characterising it as a 'legislative power' overstates it — and the clause quoted is from Article I, not the Article II provision the position cites.