Election News

Democrats won majorities in both the U.S. House and Senate on Nov. 3, according to the Associated Press. President Trump, a Republican, remains in office through January 2029. The new Congress is sworn in on Jan. 3, 2027; until then, the current Congress, with Republican majorities, stays in session. These rules come from the Constitution and congressional rules and apply no matter which party holds which office.

What a congressional majority can do

• Set the agenda. The majority decides which bills get a vote and leads every committee.
• Control spending. Federal spending has to pass Congress, so the majority shapes budgets and can attach conditions to funding bills.
• Investigate. Committees can hold hearings and issue subpoenas without White House approval, though subpoenas can be challenged in court.
• Approve or reject nominees (Senate). Cabinet officials, federal judges and Supreme Court justices need a simple-majority Senate vote.
• Impeach (House). A simple House majority can impeach an official. Removal from office takes two-thirds of the Senate, 67 votes.

What a congressional majority can’t do alone

• Override a veto. Overriding takes two-thirds of both chambers: 290 House votes and 67 Senate votes. Democrats are projected to hold well short of either number.
• Get past a filibuster. Most bills need 60 Senate votes to end debate. Budget reconciliation bills and nominations are exceptions that need only a simple majority.
• Reverse executive orders on its own. A new law can change them, but it still needs the president’s signature or a veto override.
• Remove an official without two-thirds of the Senate.

What the president can still do

• Veto bills. Any bill Congress passes can be vetoed, and without a two-thirds override it does not become law.
• Act through executive orders and agencies. The president directs federal agencies, sets enforcement priorities and issues executive orders, within the limits of existing law and court rulings.
• Lead the military and foreign policy. The president is commander in chief and conducts diplomacy. Congress controls war funding and the power to declare war, and treaties need two-thirds of the Senate.
• Nominate officials and judges. The president chooses nominees, but the Senate, now under Democratic control from January, must confirm them. Acting officials can fill some jobs temporarily.
• Grant pardons and commutations for federal crimes. Congress has no role in this power.
• Negotiate. Because new laws and the federal budget need the president’s signature, the White House and Congress have to bargain, especially to avoid a government shutdown.

The bottom line: with Congress and the White House held by different parties, each side can block much of what the other wants. Congress controls money, investigations and confirmations; the president controls the veto and the day-to-day running of the government. Most new laws will need both sides to agree.