Congress' Veto Power: Lawmaking After Rejection

The President of the United States has the power to veto a bill, which prevents it from becoming a law. However, Congress can override this veto and pass the bill into law anyway if there is a two-thirds majority vote in favour across both chambers. This is known as a 'pocket veto'. A pocket veto cannot be overridden by Congress. In most cases, if a bill is not returned by the President within ten days, it automatically becomes law. However, if Congress is no longer in session, the bill will be vetoed by default.

The US President's veto power

The President has 10 days (excluding Sundays) to veto or sign a bill into law. If the President does not act within this time frame, the bill becomes law unless Congress has adjourned before the 10 days are up—this is called a "pocket veto", and it cannot be overridden by Congress. The pocket veto was controversial in the 20th century, with debate surrounding the meaning of the word "adjournment" and the possibility for a pocket veto.

The presidential veto power was first exercised on April 5, 1792, by President George Washington, who vetoed a bill outlining a new apportionment formula. The veto power was rarely used until the presidency of Andrew Jackson, who vetoed 12 bills. None of these vetoes were overridden. The first time Congress overrode a presidential veto was on March 3, 1845, during the presidency of John Tyler.

In addition to the veto power at the national level, all state and territorial governors have a similar power, as do some mayors and county executives. Many states give the governor additional veto powers, including line-item, amendatory, and reduction vetoes.

Congress can override vetoes

In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. However, Congress can override this veto and pass the bill into law without the president's signature. For this to happen, two-thirds of both chambers of Congress (the House of Representatives and the Senate) must vote to override the veto. This is known as a "supermajority".

The process of passing a bill into law typically involves both chambers of Congress voting to accept a bill, then working out any differences between the two versions before both chambers vote on the same version. If the bill passes, it is presented to the president for approval. The president can either approve the bill and sign it into law or refuse to approve it by vetoing the bill.

If the president chooses to veto a bill, it is sent back to the chamber where it originated, along with the president's objections. This chamber will then reconsider the bill, and if two-thirds of the members agree to pass it, it is sent to the other chamber, which also reconsiders it. If two-thirds of this chamber also approve the bill, it becomes a law without the president's signature.

It is important to note that Congress must vote on the president's veto within ten days (excluding Sundays). If Congress is still in session after ten days and the president has not signed the bill, it becomes law as if he had signed it. However, if Congress adjourns before the ten days are up, the bill fails to become law. This is called a "pocket veto", and it cannot be overridden by Congress.

The two-thirds majority rule

In the United States, the President has the power to veto a bill passed by Congress to prevent it from becoming a law. However, Congress can override this veto by invoking the "two-thirds majority rule". This rule requires that two-thirds of both the House and the Senate must vote to pass the bill, which then becomes law without the President's signature. The votes are determined by yeas and nays, and the names of those voting for and against the bill are recorded in the Journal of each House.

The "two-thirds majority rule" ensures that Congress has the opportunity to consider the President's objections to a bill and pass it over his veto if a sufficient majority agrees. This rule applies to both the House and the Senate, requiring a two-thirds majority in each chamber. The procedure for invoking the "two-thirds majority rule" is as follows:

• The President receives a bill passed by Congress and chooses to veto it by not signing it.
• The President must return the bill, along with their objections, to the House in which it originated within ten days, excluding Sundays.
• The House enters the President's objections into their Journal and proceeds to reconsider the bill.
• If two-thirds of the House agree to pass the bill, it is sent, along with the objections, to the Senate for reconsideration.
• If two-thirds of the Senate also approve the bill, it becomes law, overriding the President's veto.

It is important to note that the "two-thirds majority rule" does not apply to a "pocket veto". A pocket veto occurs when the President neither signs nor returns a bill within ten days, and Congress adjourns before the ten days have passed. In this case, the bill fails to become law and cannot be overridden by Congress.

The veto's history in the US

The history of the veto power in the US dates back to the country's early days. Under the 1789 Constitution, the presidential veto power was first exercised on April 5, 1792, when President George Washington vetoed a bill outlining a new apportionment formula for Congress. Washington's stated reasons for vetoing the bill included that it did not apportion representatives according to states' relative populations, and it violated the Constitution by giving eight states more than one representative per 30,000 residents.

The veto power was rarely used until Andrew Jackson's presidency, who was the fourth president to use it and the first to do so based on political, rather than constitutional grounds. Jackson's rejection of a bill rechartering the Second Bank of the United States is considered one of the most famous uses of the pocket veto in US history. Since then, most presidents have vetoed bills not on constitutional grounds, but because they considered the legislation unjust or unwise.

The pocket veto, which is an absolute veto, was also used by the British colonial government in the Thirteen Colonies, with the governor of each colony (except for Connecticut, Maryland, and Rhode Island) and the British king exercising this power. This continued well after the practice was discontinued in the United Kingdom in 1708, with the king striking down nearly 400 laws between 1696 and 1765. This heavy use of the veto was included in the Declaration of Independence in 1776.

In modern times, the veto power has continued to be a significant tool for US presidents. As of 2014, presidents had vetoed more than 2,500 bills, with Congress overriding less than 5% of these vetoes. While Congress can override a regular presidential veto with a two-thirds majority vote in both the House of Representatives and the Senate, it is challenging to achieve. Even the threat of a veto allows the president to influence the debate and pressure legislators to make changes to a bill.

State veto powers

In the United States, the president has the power to veto a bill passed by Congress, which prevents it from becoming law. However, this veto can be overridden if two-thirds of both chambers of Congress vote to pass the bill. This is known as a "supermajority vote".

At the state level, all US states have a provision by which the governor can veto bills passed by the state legislature. This power is similar to that of the president, and governors may also have additional powers, including line-item, amendatory, and reduction vetoes. These allow the governor to strike or revise parts of a bill without rejecting the entire package. In some states, governors can even remove specific sections of an appropriation bill.

Historically, the British colonial government in the Thirteen Colonies exercised two forms of veto: an absolute veto held by the governor of each colony (except Connecticut, Maryland, and Rhode Island), and another held by the British monarch, typically exercised through the Board of Trade. This practice continued long after it ended in Britain itself, and from 1696 to 1765, the king vetoed nearly 400 laws that had been adopted by an American colonial legislature and approved by the colony's governor.

The heavy use of veto power was included in the bill of particulars in the Declaration of Independence in 1776, which stated that the king "has refused his Assent to Laws, the most wholesome and necessary for the common good." In the years following independence, most state constitutions did not provide for a gubernatorial veto, with South Carolina and Massachusetts being notable exceptions.

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