State of the Union Address is Tradition, Not Law

Every year at this time, the president delivers his State of the Union address to a special joint session of Congress. President Obama will do so Tuesday night at 9:00 PM. The usual fanfare will accompany the event. Teevee talking heads will begin gushing and gossiping as early as 6:00.

The U.S. Constitution divides our government into three branches: Executive, Legislative, and Judicial. The courts are the judicial branch. Congress is the Legislative, or law-making, branch. The president heads the Executive, or management branch. The cabinet departments manage the nation’s daily business under the president’s direction. The president is the nation’s chief executive officer, just like the CEO of a large corporation.

Eighteenth century communications weren’t quite as fast or thorough as they are today. So our founders required the president to report to Congress occasionally on how the nation was doing. Article II, Section 3 of the Constitution says:

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient. . . .

Yes, that’s all it says. The president is required to report “from time to time”. The law does not require the report to be in person, on television, in January, or even once a year. The report could be in writing, or in private meetings. It could take place more or less often. If he wanted to, President Obama could e-mail every member of Congress every day. Several presidents have delivered written messages. You can see a full report on SOTU addresses here.

But Americans love a spectacle. Over the years, the process of delivering that information evolved into the exhibition we now call the State of the Union Address. The pomp and ceremony of the great assembly is all tradition. All cabinet secretaries (except one), the Supreme Court justices, the Joint Chiefs of Staff, the President’s Executive staff, the First Lady, and distinguished guests gather in the House chamber to hear the president’s words. They meet there because it was originally the only place in Washington large enough to hold such a gathering.

The president makes his grand entrance down the center aisle, shaking hands all the way. Traditionally, members of Congress divide themselves by party in the House and Senate chambers. All of the Democrats sit together on the left side of the center aisle; the Republicans sit on the right. Last year, to honor the Tucson Tragedy in a gesture of “civility” and “bipartisanship”, many members mingled with their colleagues from the other party. They won’t be doing that this year.

Security concerns arose over the years because all of the senior members of the government gather in one room for the event. Since all cabinet members are in the line of succession to the presidency, one member stays behind so that the government can carry on in the event of a disaster. Again, that’s by tradition, not law.

The speech usually includes a single-word description of “the state of the union”. Obama will recap the past year’s events and summarize his administration’s successes and failures. Then he will list the issues that he wants Congress to address this year. We can expect the economy, jobs, and Republican obstruction to take center stage. But don’t be surprised if he mentions the SOPA and PIPA internet piracy acts, given the recent massive outburst of public opinion.

Because presidents don’t make laws, they can’t introduce bills to Congress; only members can do that. When the president wants to send a bill to Congress, a member of the relevant committee does it for him. The State of the Union address is the president’s opportunity to outline his priorities for new legislation.

You can watch the address live on C-Span and on most of the major television networks on Tuesday. Tuning in at 8:00 will give you plenty of time before the speech begins at 9:00. You can also watch a live stream online on the White House website along with charts, graphs, and other information. If you can’t catch it live, the video will be posted on the White House and C-SPAN websites shortly afterward.

Again by tradition, the news networks give television time to a member of the opposing party to deliver a rebuttal address after the State of the Union. This year, Indiana Governor Mitch Daniels will deliver the Republicans’ rebuttal. Herman Cain will give the Tea Party Express response.

If you’ve never paid much attention to your government, this is a good time and place to start.

For More Information
The White House
The American Presidency Project: State of the Union Addresses and Messages
C-SPAN
Read the Constitution


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