The Executive Veto: Can Laws Be Rejected?

The process of a bill becoming a law is a complex one, and it can be vetoed at different stages. A bill can be vetoed by the President or the Governor, depending on the state. The President has ten days to sign or veto a bill, excluding Sundays, and if vetoed, it is returned to its chamber of origin. The chamber can then attempt to override the veto, but this requires a two-thirds majority vote. The Governor has 12 days to make a decision, and a veto can be overridden by a two-thirds vote in both houses. A bill becomes a law when it is signed by the President or the Governor or when their veto is overridden by both houses.

The President's veto

If the President chooses to veto a bill, it is returned to the chamber where it originated, and that chamber can attempt to override the veto. A successful override requires a two-thirds majority vote in both chambers of Congress. If the override vote is successful, the bill becomes law without the President's signature. However, if the President's veto is not overridden, the bill does not become law.

A presidential veto can be overridden by Congress in most cases. However, if the President does not sign off on a bill and Congress is no longer in session, the bill is vetoed by default. This is called a pocket veto, and it cannot be overridden. A pocket veto occurs when the President does not sign or veto the bill within the ten-day period and Congress is no longer in session. In this case, the bill is effectively killed, and the legislative process must start anew if the bill is to be considered again.

Congress's veto override

The primary function of Congress, as the Legislative Branch of the US government, is to create and modify laws. Any member can introduce a piece of legislation, which is then handed to the clerk of the House or placed in the hopper. The bill is assigned a number and sent to the Government Printing Office (GPO) for copying. It is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate.

Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. The president can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto.

If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law. This is called a "regular" veto. A "regular" veto is when the President returns a bill to Congress (to the House in which it originated). The veto may be overridden by a two-thirds vote of both Houses of Congress.

However, there is also something called a "pocket veto", which occurs when the President does not return the legislation to Congress but simply does not act on it. This can only happen when Congress has adjourned before the 10-day period for the President to act has expired. A "pocket veto" cannot be overridden by Congress.

The first time Congress overrode a presidential veto was in 1845, during the waning hours of the 28th Congress (1843-1845). The House joined the Senate to pass Congress's first presidential veto override, which was over lame-duck President John Tyler's veto of an appropriation bill. The bill, introduced by Senator Jabez Huntington of Connecticut, prohibited the President from authorizing the building of Revenue Marine Service (Coast Guard) ships without approved appropriations from Congress. President Tyler vetoed the bill to protect existing contracts and retain presidential prerogative. The Senate overturned Tyler's veto with only one dissenting vote and sent it to the House for immediate consideration. The House voted 126-31 in favour of an override, nullifying Tyler's veto.

Governor's veto

In the United States, at the federal level, the president may veto bills passed by Congress, and Congress may override the veto by a two-thirds vote of each chamber. At the state level, all 50 state governors have the power to veto legislative measures. Gubernatorial veto powers vary in strength and scope from state to state. In most cases, state legislatures may override a gubernatorial veto, usually by a supermajority vote.

A veto is an act of disapproval by an executive that prohibits a bill passed by a legislature from becoming law. Governors, as state leaders, pursue new and revised policies and programs using various tools, including legislative proposals and vetoes. They also have the authority to appoint state court judges and play a strong role in establishing priorities for the use of state resources.

The veto process for governors typically involves reviewing and signing bills passed by the state legislative body. State laws prescribe the time allotted for governors to sign or veto proposed legislation. If a governor vetoes a bill, the legislature may override the veto with a sufficient number of votes, depending on the state's requirements.

Different types of vetoes available to governors include "line-item", "reduction", and "amendatory". A "line-item" veto allows governors to strike a general item from a piece of legislation, while a "reduction" veto enables them to delete a budget item. An "amendatory" veto gives governors the power to revise legislation. Additionally, some governors possess a "pocket veto", where they can delay signing a bill until after the legislature has adjourned, effectively killing the bill without a formal veto or the possibility of an override.

In summary, governors play a crucial role in the legislative process by using their veto power to shape policies and protect the interests of their states. The specific details of their veto powers vary across states, and legislatures have the authority to override vetoes under certain conditions.

Pocket veto

A pocket veto is a type of veto that occurs when a bill fails to become law because the president does not sign it within a specified time period (typically 10 days, not including Sundays) and cannot return the bill to Congress because it is no longer in session. In the United States, if the president does not sign a bill within 10 days of its passage by Congress, it automatically becomes law, as stated in Article 1, Section 7 of the U.S. Constitution. However, if Congress adjourns within this 10-day period and the president does not sign the bill, the bill is automatically vetoed, and this veto is absolute and cannot be overridden by Congress. This action is called a pocket veto.

The concept of a pocket veto highlights the interplay between the executive and legislative branches of government in the law-making process. While the legislative branch, such as Congress in the United States, has the power to propose and pass bills, the executive branch, represented by the president, has the authority to approve or reject them through a veto. A pocket veto occurs when the timing of the legislative process intersects with the president's decision-making timeframe.

The term "pocket veto" refers to the idea of keeping something in one's pocket, suggesting that the bill is being withheld from becoming law. It is an important mechanism in the legislative process, as it allows the president to exert influence over the passage of a bill without directly rejecting it through a formal veto. By not signing the bill within the specified time period and with Congress being out of session, the president can effectively veto the bill without providing explicit objections.

The use of pocket vetoes has been a subject of debate and interpretation. Some presidents have interpreted the Constitution to restrict pocket vetoes to specific adjournments of Congress, while others have interpreted it more broadly to allow for intersession and intrasession pocket vetoes. The Supreme Court has also weighed in on the matter, with rulings that provide guidance on when a pocket veto is considered valid.

To avoid a pocket veto, Congress can adjourn and designate an agent to receive veto messages and other communications. This practice has been routinely followed by Congresses for decades. If a bill is pocket vetoed, the only way for Congress to circumvent it is to reintroduce the legislation as a new bill, pass it through both chambers, and present it to the president again for signature.

Veto override in California

In the United States, a bill becomes a law once it is signed by the President. The president can also refuse to approve a bill, which is called a veto. In most cases, Congress can vote to override the veto, and the bill becomes a law.

In California, the governor has 12 days to sign, approve without signing, or veto a bill. If the governor vetoes a bill, a two-thirds vote in each house is needed to override the veto. However, this rarely happens. The last time the California Legislature overrode a governor's veto was in 1979.

There are a few reasons why legislators may not attempt to override a veto. One reason is that a governor who has been overridden is likely to issue more vetoes, especially against the members who voted for the override. Additionally, with the current Democratic supermajority in California, a legislator who goes against the governor can be easily replaced.

The legislative schedule in California may also play a role in the low number of veto overrides. Bills must be introduced by February, passed out of committee by April, passed out of their chamber by May, and passed through both houses by the end of August. The legislature then leaves for the year, and the governor decides on the bills. Only months later does the legislature come back, and in even-numbered years, it is a newly elected legislature, making veto overrides impossible.

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