The President, Congress, And Veto Power

In the United States, the president has the power to veto a bill passed by Congress, preventing it from becoming a law. However, Congress can override this veto and pass the bill into law without the president's signature if two-thirds of both chambers vote to do so. This process is a key aspect of the checks and balances between the executive and legislative branches of the US government. While presidential vetoes are common, it is rare for Congress to successfully override them. This introduction will explore the dynamics between the president and Congress in the law-making process and the implications for public policy.

The President's veto power

When a bill is passed by both chambers of Congress, it is presented to the President for approval. The President then has the option to approve the bill and sign it into law or to exercise their veto power and reject it. If the President chooses to veto a bill, they must return it to the chamber of Congress where it originated, along with their objections, within ten days, excluding Sundays. This process is known as a "regular" veto.

The chamber that receives the vetoed bill can then attempt to override the President's veto by voting to pass the bill again. However, for the override to be successful, it requires the support of two-thirds of the members voting in that chamber. If this occurs, the bill is then sent to the other chamber, which must also vote to override the veto by a two-thirds majority. Only if both chambers vote to override does the bill become law, despite the President's veto.

It is important to note that a successful override of a presidential veto is rare, with Congress historically overriding only about 7% of presidential vetoes. Additionally, there is a type of veto called a "pocket veto," which occurs when Congress adjourns before the ten-day period for the President to act on the bill has elapsed. In this case, the President can effectively veto the bill by simply choosing not to act on it, and Congress cannot override this type of veto.

Congress's power to override a veto

Congress has the power to override a veto from the President. If a bill passes in both chambers of Congress, it is sent to the President to be signed into law. The President then has ten days, excluding Sundays, to either sign the bill or veto it. If the President vetoes the bill, it is returned to the chamber in which it originated. This chamber can then attempt to override the veto by voting on the bill again, and if two-thirds of the members vote in favour, the bill is sent to the other chamber to undergo a similar process. If both chambers vote to override the veto with a two-thirds majority, the bill becomes a 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 will be pocket vetoed and cannot be overridden. A pocket veto occurs when Congress adjourns before the ten-day period for the President to sign or veto a bill has elapsed, and the President does not sign the bill. In this case, the bill is effectively vetoed, and Congress must reintroduce and enact the bill again if they want it to become law.

The process of overriding a presidential veto is rare, as it requires a two-thirds majority in both the House and the Senate. The Supreme Court has clarified that the two-thirds vote required refers to two-thirds of a quorum, ensuring that a small number of members cannot override a veto without a substantial majority. This power of Congress to override a veto serves as a check on the President's power and ensures that the legislative branch has the final say in passing laws.

The veto process is outlined in the Constitution, which provides that bills that the President does not approve shall not become law if Congress's adjournment prevents their return. This safeguard allows the President to have a suitable opportunity to consider the bills presented and express any objections. At the same time, Congress has the power to override a veto and pass bills over the President's objections, demonstrating the balance of powers between the executive and legislative branches of the US government.

The veto process

When the president vetoes a bill, it is returned to the chamber of Congress where it originated. At this stage, Congress has the opportunity to override the president's veto. To successfully override a veto, both chambers of Congress, the House of Representatives and the Senate, must vote by a two-thirds majority to pass the bill. If Congress achieves the required majority in both chambers, the bill becomes law without the president's signature.

A pocket veto occurs when the president does not sign the bill and Congress adjourns before the ten-day period elapses. In this case, the bill is vetoed by default, and Congress cannot override it. This scenario underscores the significance of the veto process and the careful consideration required by both the president and Congress when dealing with legislation.

It is important to note that while the president has the power to veto a bill, Congress can ultimately override that veto with a substantial majority vote. This process highlights the checks and balances within the US legislative system, ensuring that neither the president nor Congress can unilaterally impose their will on the law-making process.

Pocket veto

In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. Congress can override the veto by a two-thirds vote of both chambers. If the bill is signed within a ten-day period (excluding Sundays), it becomes law. If the president declines to either sign or veto it, the bill becomes law without their signature (except when Congress has adjourned under certain circumstances).

A pocket veto occurs when a bill fails to become law because the president does not sign it within the ten-day period and cannot return the bill to Congress because it is no longer in session. This action is called a pocket veto, and it cannot be overridden by Congress.

Article 1, Section 7 of the U.S. Constitution states:

> If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its return, in which case it shall not be a Law.

The Constitution limits the president's period for deciding whether to sign or return any legislation to ten days (not including Sundays) while Congress is in session.

James Madison became the first president to use the pocket veto in 1812. Franklin D. Roosevelt had an outstanding number of pocket vetoes, more than any president before or after him. During his presidency from 1933 to 1945, Roosevelt vetoed 635 bills, 263 of which were pocket vetoes. All presidents after him until George W. Bush had pocket vetoes while they were in office. Since the George W. Bush presidency, no president has used the pocket veto.

Veto in the Thirteen Colonies

In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. Congress can override the veto by a two-thirds vote of both chambers. All state and territorial governors have a similar veto power, as do some mayors and county executives.

Now, in the context of the Thirteen Colonies, the British colonial government exercised two forms of veto: an absolute veto exercised by the governor of each colony (except for Connecticut, Maryland, and Rhode Island), and another absolute veto exercised by the British monarch. The Thirteen Colonies refers to the group of British colonies on the Atlantic coast of North America that broke away from the British Crown in the American Revolutionary War (1775–1783) and joined to form the United States of America.

The governments of the Thirteen Colonies of British America developed in the 17th and 18th centuries under the influence of the British constitution. The British monarch issued colonial charters that established either royal colonies, proprietary colonies, or corporate colonies. In every colony, a governor led the executive branch, and the legislative branch was divided into two houses: a governor's council and a representative assembly. The governor could veto any bill proposed by the colonial legislature. The executive branch included an advisory council to the governor that varied in size, ranging from ten to thirty members.

The British government exercised veto power over colonial legislation, and regardless of the type of colonial government, it retained control of the law and equity courts. From 1696 to 1765, the king struck down nearly 400 laws that had been adopted by an American colonial legislature and approved by the colony's governor. This heavy use of the 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."

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