Who creates executive branch departments? The president or Congress
Is it the president or Congress that is part of the executive branch?
The President
The power to create executive branch departments rests with Congress. Specifically, it is the responsibility of Congress to pass legislation that establishes and organizes executive branch departments. The President, on the other hand, has the authority to appoint individuals to head these departments, with the advice and consent of the Senate.
To understand this process, it's important to know about the separation of powers outlined in the U.S. Constitution. The Constitution grants Congress the power to make laws and establish government institutions, including executive branches. This authority is specifically stated in Article I, Section 8 of the Constitution.
When Congress determines that a new department is necessary to carry out the functions of the executive branch, it drafts and passes a bill. This bill outlines the purpose, duties, and structure of the proposed department. Both the House of Representatives and the Senate must approve the bill in the same form before it is sent to the President.
Once the bill reaches the President's desk, they can either sign it into law or veto it. If the President signs the bill, it becomes law, and the new executive branch department is established. If the President vetoes the bill, it goes back to Congress, and they can attempt to override the veto with a two-thirds majority vote in both chambers.
It is worth noting that while Congress has the authority to create executive branch departments, the President plays a significant role in running and overseeing these departments once they are established.