Vetoed Bills: Can They Become Law?

In the United States, a bill is a proposal for a new law or a change to an existing law. Before a bill can become a law, it must be approved by the U.S. House of Representatives, the U.S. Senate, and the President. The President has the power to veto a bill, preventing it from taking effect unless two-thirds of both the House and the Senate vote to override the veto. However, if the President does not sign off on a bill within ten days (excluding Sundays) while Congress is in session, the bill will become law automatically, without the President's signature. This is known as a pocket veto and cannot be overridden by Congress. So, while a vetoed bill can become law if Congress votes to override the veto, a pocket-vetoed bill cannot become law.

The President's veto power

The veto power gives the President the authority to reject a bill and prevent it from becoming law. If the President chooses to veto a bill, they must return it to the Chamber in which it originated within ten days (excluding Sundays) and provide their objections. The bill then goes through a process of reconsideration in both the House of Representatives and the Senate. If two-thirds of both chambers agree to pass the bill, the President's veto is overridden, and the bill becomes a law. This demonstrates the legislative branch's ability to counterbalance the executive branch's veto power.

However, the pocket veto provides a more absolute form of veto power. If Congress adjourns before the ten-day period elapses, the President can prevent the bill from becoming law by simply declining to sign it. In this scenario, Congress cannot override the veto, and the bill does not become law. The Supreme Court has clarified that the Constitution's veto provisions serve two purposes: safeguarding the President's opportunity to consider bills and ensuring Congress has a suitable opportunity to address the President's objections.

While the President's veto power is a crucial aspect of the legislative process, it is not the only step in lawmaking. Bills can originate from members of the House of Representatives or the Senate, or they can be proposed by citizens. The bills go through a rigorous process of research, discussion, and revision in committees and subcommittees before being voted on by each chamber. After a bill passes both chambers, it must be presented to the President, who has the power to veto it or sign it into law.

Congress's ability to override a veto

The Veto Process

When a bill reaches the President, they have three options. They can choose to sign and pass the bill into law, or they can exercise their veto power and refuse to sign it. In the latter case, the President must return the bill, along with their objections, to the Chamber in which it originated within ten days (excluding Sundays) from when the bill was presented. This is known as a "regular veto." The third option is for the President to do nothing, which is called a "pocket veto." This occurs when Congress adjourns before the ten-day period elapses, and the President can prevent the bill from becoming law simply by not signing it.

Congressional Override

Now, let's focus on Congress's ability to override a veto. If the President vetoes a bill, Congress has the power to override that veto and turn the bill into law. This process requires a two-thirds majority vote in both the House of Representatives and the Senate. In other words, for a vetoed bill to become law despite the President's objections, it must receive strong support in both chambers of Congress. The votes in both chambers must be determined by yeas and nays, and the names of those voting for and against the bill must be recorded.

Limitations

While Congress can override a regular veto, it is important to note that they cannot override a pocket veto. In the case of a pocket veto, Congress must reintroduce the bill and enact it again, hoping that it does not coincide with a congressional adjournment, which would prevent it from becoming law. This limitation on Congress's ability to override a veto adds complexity to the legislative process and underscores the importance of timely action and negotiation between the legislative and executive branches.

Pocket vetoes

A pocket veto occurs when a bill fails to become law because the president does not sign it within ten days and cannot return the bill to Congress because Congress is no longer in session. In other words, the killing of legislation by a chief executive through a failure to act within a specified period following the adjournment of the legislature.

The term "pocket veto" refers to the idea that the president can effectively veto a bill by keeping it in their "pocket", preventing it from becoming law. This can happen when Congress approves a bill and sends it to the president, but then adjourns before the ten-day period for the president to sign or return the bill has elapsed. In this case, the president can prevent the bill from becoming law simply by declining to sign it.

The pocket veto is a powerful tool for the president to block legislation without the possibility of congressional override. If a bill is pocket-vetoed, the only way for Congress to circumvent the veto is to reintroduce the legislation as a new bill, pass it through both chambers, and present it to the president again for signature.

The pocket veto has been used by several US presidents throughout history, with Franklin D. Roosevelt having the highest number of pocket vetoes during his presidency from 1933 to 1945, with 263 out of 635 vetoes being pocket vetoes. James Madison was the first president to use the pocket veto in 1812. Since the George W. Bush presidency, no president has used the pocket veto.

The President's 10-day window to approve or veto a bill

The US Constitution grants the President a 10-day window to approve or veto a bill. This period begins at midnight on the day the bill is presented to the President, excluding the day of presentation from the computation. During this time, the President can carefully consider the bill and decide whether to approve or veto it. If the President approves the bill, they sign it into law.

However, if the President chooses to veto the bill, they must return it to the Chamber in which it originated within ten days (excluding Sundays) and provide their objections. If the President fails to return the bill within the specified time frame, it automatically becomes law, as if the President had signed it. This scenario is known as a "pocket veto".

In certain situations, if Congress adjourns before the ten days elapse, the President can prevent the bill from becoming law by simply declining to sign it, another form of a pocket veto. In this case, Congress cannot override the veto but must reintroduce the bill and enact it again.

It is important to note that once a bill becomes law, the President has no authority to repeal it. The veto power serves as a safeguard for the President to consider bills and for Congress to address their objections accordingly.

The two-thirds vote required to override a veto

In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. However, this veto can be overridden by a two-thirds vote of both chambers of Congress. This means that if two-thirds of both the House of Representatives and the Senate vote to pass a bill, it will become a law, even without the president's signature.

The process of overriding a veto involves both chambers of Congress reconsidering the bill and the president's objections to it. Each chamber must then vote on the bill, with a two-thirds majority required in each house for the veto to be overridden. The votes are determined by yeas and nays, and the names of the persons voting for and against the bill are recorded in the journal of each house.

It is important to note that a pocket veto, which occurs when the president does not sign a bill and Congress is no longer in session, cannot be overridden by Congress. In this case, the bill is vetoed by default, and the legislature must reintroduce the bill and enact it again.

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