Keith Mack
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. In many states and territories, the governor has additional veto powers, including line-item, amendatory, and reduction vetoes. The legislative veto was a feature of dozens of statutes enacted by the United States federal government between 1930 and 1980, until it was held unconstitutional by the U.S. Supreme Court in INS v. Chadha (1983).
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What You'll Learn
Presidential veto power
In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. This power was first conferred upon the President with the enactment of the United States Constitution, which took effect on March 4, 1789. The veto power is defined in Article 1, Section 7 of the Constitution.
The presidential veto power was first exercised on April 5, 1792, when President George Washington vetoed a bill outlining a new apportionment formula. Washington's stated reasons for vetoing the bill were that it did not apportion representatives according to the states' relative populations, and that it gave eight states more than one representative per 30,000 residents, in violation of the Constitution.
If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. The president is constitutionally required to state any objections to the bill in writing, and Congress is required to consider them. A presidential veto may be overridden by a two-thirds vote of both Houses of Congress.
The president must veto or sign a bill within 10 days (excluding Sundays), or it becomes a law. If Congress adjourns before the 10 days are up, the president can use a "pocket veto", where the bill does not become law.
It is important to note that the veto power is not absolute and is subject to certain limits. During the Constitutional Convention, the framers rejected proposals for an absolute veto. Additionally, the court has ruled that the president must approve or reject a bill as a whole, and cannot pick and choose which parts of the bill to approve or disapprove, as this would violate the separation of powers doctrine.
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Legislative 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. The legislative veto was a feature of dozens of statutes enacted by the United States federal government between approximately 1930 and 1980. It was first authorized by the Legislative Appropriations Act in 1932. The legislative veto was a provision whereby Congress passes a statute granting authority to the President and reserving for itself the ability to override, through a simple majority vote, individual actions taken by the President pursuant to that authority.
The legislative veto provision found in federal legislation took several forms. Some laws established a veto procedure that required a simple resolution passed by a majority vote of one chamber of Congress. Other laws required a concurrent resolution passed by both the House and the Senate. Some statutes made the veto process more difficult by requiring not just a majority vote of one or both houses but a majority of the membership of the legislative body, present or not. Some designated neither the House nor the Senate but authorized one or more Congressional committees to exercise the veto on behalf of Congress.
The legislative veto was declared unconstitutional by the Supreme Court in INS v. Chadha (1983). The Court ruled that legislation providing Congress with a one-house veto over an action of the Executive Branch is unconstitutional because it does not meet the constitutional requirements of presentment and bicameralism under Article I, Section 1 and Section 7, and the presentment provisions of Clauses 2 and 3 of Section 7. The Court's analysis of the presentment issue stated that a provision for a two-chamber veto, though complying with bicameralism, and a provision for veto by a Congressional committee suffer from the same constitutional issues.
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![Veto Messages of the Presidents of the United States, with the Action of Congress Theron. Comp. by Order of the Senate, by Ben: Perley Poore. 1886 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Mayoral veto
In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming a law. While the president can refuse to approve a bill, Congress can override the veto by a two-thirds vote of both chambers.
Similarly, mayors in a mayor-council government often have a veto power over local ordinances passed by the city council. This is a typical feature of "strong mayor" systems, where the mayor is the chief executive and the council is limited to legislative matters. These systems are more common in large cities. The mayors of New York, Los Angeles, Chicago, and Washington, D.C., all have veto power, but the mayor of Houston does not.
The mayor's veto power allows them to approve or veto any ordinance passed by the city council, as well as any order, bylaw, resolution, award, or vote to enter into any contract. The mayor must exercise this right by notifying the city clerk within a specified time frame, who will then inform the city council. The council can override the veto by a two-thirds vote, similar to the federal system, although the proportion may vary depending on the city.
The mayor's veto power is an essential aspect of the "strong mayor" system, where the mayor serves as the chief executive officer, centralizing executive power. This distinction between "strong" and "weak" mayors highlights the variations in mayoral authority across different cities and states.
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Governors' veto power
In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. Similarly, all state and territorial governors have the power to veto bills passed by their state legislatures. Governors can use their veto power on whole legislative measures, and in many states and territories, governors have additional veto powers, including line-item, amendatory, and reduction vetoes.
The scope of gubernatorial veto power varies from state to state, in accordance with state constitutions, legislation, and tradition. Governors may use their role as party leaders to encourage support for legislative initiatives, and they may seek to influence the progress of legislation through regular meetings with legislators, legislative officials, and other stakeholders.
In some states, governors are required to sign or veto proposed legislation within a specified time frame, and if the governor does not act within this time, the legislation may become law without their signature. However, different rules may apply depending on whether the state is in a regular legislative session or a special session.
When returning a bill to the state legislature, governors are typically required to provide a veto statement or message outlining their reasons for vetoing the measure. While these statements do not have precedential value, they can contribute to the American constitutional tradition and help shape public opinion.
For example, in April 2025, North Dakota Governor Kelly Armstrong vetoed a controversial library content bill, citing concerns about censorship, overreach, and burdens on professionals. Armstrong's veto message highlighted the redundancy of the bill with existing legislation and the potential for unintended negative consequences.
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Tribal government vetoes
In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. This is called a "pocket veto". 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.
In some tribal governments, certain veto powers exist. Native American tribes are considered sovereign nations, which means they have the authority to govern themselves and establish their laws and customs within the borders of their reservations. Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States. This status as a sovereign nation significantly defines how Tribal, state, and federal laws interact.
The sovereignty of Native American tribes plays a crucial role in defining the scope and limits of their legal systems, with each tribe possessing its distinct legal framework. While tribal members must adhere to federal law, there is a significant nuance to the extent they are subject to state law. Tribal sovereignty is dependent on, and subordinate to, only the federal government, not the states.
In certain areas, federal law precedes Tribal and state law. The Major Crimes Act and the Indian Country Crimes Act are two prominent and longstanding federal statutes that delineate the allocation of jurisdiction between Tribal, state, and federal governments. Federal jurisdiction applies to major crimes committed by or against Native Americans on reservations, actions involving interstate commerce, and any legal issue in which the United States is involved as a party.
In the past half-century, the trend in statutes has been to affirm Tribal sovereignty and clarify and strengthen the ability of Tribal governments to protect public safety within their reservations.
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Frequently asked questions
No, states cannot veto federal law. However, the legislative veto was a feature of dozens of statutes enacted by the United States federal government between 1930 and 1980, which allowed Congress to override Presidential actions. This was held to be unconstitutional by the Supreme Court in 1983.
A veto is the power to prevent a bill passed by Congress from becoming law. The President can use this power, as can all state and territorial governors, and some mayors and county executives.
Yes, Congress can override a veto by a two-thirds vote of both chambers.
A pocket veto occurs when a bill is not signed by the President within ten days and Congress is no longer in session. This cannot be overridden by Congress.
Yes, mayors in a mayor-council government often have a veto power over local ordinances passed by the city council. This is a typical feature of "strong mayor" systems, where the mayor is the chief executive and the council is limited to legislative matters.
