The Senate's Veto Power: Can They Override The President?

The US Constitution grants the President the authority to veto legislation passed by Congress, which is one of the most significant tools the President can use to prevent the passage of legislation. This power is known as the regular veto and allows the President to return unsigned legislation to the originating house of Congress within ten days, usually accompanied by a veto message. The Senate can override a presidential veto if it musters a two-thirds vote in both houses of Congress. This ability to override a presidential veto serves as a check in the system of checks and balances between the legislative and executive branches of the US government.

The veto power is defined in Article 1, Section 7 of the US Constitution

The US Constitution grants the President the authority to veto legislation passed by Congress. This authority, defined in Article 1, Section 7 of the Constitution, is one of the most significant tools available to the President to prevent the passage of legislation. The veto power allows the President to return a bill to Congress, specifically to the House in which it originated, within a 10-day period, usually accompanied by a memorandum of disapproval or a "veto message".

The Constitution outlines a specific process for the veto: the President must return the unsigned bill, along with their objections, to the House in which it originated. That House will then enter the objections into their journal and proceed to reconsider the bill. If a two-thirds majority of that House still agrees to pass the bill, it will be sent to the other House, where it will undergo the same process of reconsideration. Only if two-thirds of both Houses approve the bill will it become law, overriding the President's veto.

The veto power serves two main functions, as explained by the Supreme Court. Firstly, it ensures the President has a suitable opportunity to consider the bills presented. Secondly, it ensures that Congress has a suitable opportunity to consider the President's objections and, if there are enough votes, to pass the bill over the veto.

The "pocket veto" is an exception to the regular veto process. It occurs when the President does not return the legislation to Congress within the 10-day period but also does not sign it, and Congress has adjourned before the 10 days are up, preventing a possible return with a veto. In this case, the bill does not become law, and the pocket veto cannot be overridden.

Congress can override a presidential veto with a two-thirds majority

The US Constitution grants the President the authority to veto legislation passed by Congress. This power is one of the most significant tools the President can use to prevent the passage of legislation. The veto allows the President to "check" the legislature by reviewing acts passed by Congress and blocking measures he or she finds unconstitutional, unjust, or unwise.

However, Congress can override a presidential veto if it musters a two-thirds majority in both the House and the Senate. This is called a "regular veto" override and has occurred multiple times throughout history. For example, on March 3, 1845, Congress overrode President John Tyler's veto of S. 66, which related to revenue cutters and steamers. The Senate voted 41-1, and the House voted 127-30, both meeting the required two-thirds majority.

Another example of a successful override occurred on July 7 and 8, 1856, when Congress overrode President Franklin Pierce's veto of S. 1, an act making an appropriation for deepening the channel over the St. Clair Flats in Michigan. The Senate voted 28-8, and the House voted 139-55, again meeting the two-thirds majority threshold.

It is important to note that there is also a type of veto called the pocket veto, which cannot be overridden by Congress. A pocket veto occurs when the President does not return legislation to Congress before the 10-day deadline (excluding Sundays) and Congress has adjourned in such a way that prevents the bill's return. In this case, the bill expires, and it does not become law.

The first successful override was against President John Tyler in 1845

The first successful override of a presidential veto was against President John Tyler on March 3, 1845, his last day in office. Tyler, a former vice president, had become president upon the death of William Henry Harrison in 1841. However, he was expelled from the Whig Party in 1841 due to his support for the annexation of Texas, which would expand American slavery and risked war with Mexico.

Tyler's zealous use of the presidential veto was a source of contention, with a House select committee headed by John Quincy Adams condemning his character and establishing the possibility of impeachment. During his presidency, Tyler vetoed a Congressional bill that would have denied him the power to appropriate federal funds to build revenue-cutter ships without Congressional approval.

On February 20, 1845, Tyler vetoed S. 66, a bill relating to revenue cutters and steamers. However, on March 3, 1845, the Senate overrode his veto by a vote of 41-1, and the House overrode it by a vote of 127-30, marking the first successful override of a presidential veto in US history. This action served as a "parting gift" to Tyler as he left office, reining in his use of the veto and asserting Congressional authority.

A regular veto is when the President returns a bill to Congress

The US Constitution grants the President the authority to veto legislation passed by Congress. This power is outlined in Article 1, Section 7 of the Constitution, which acts as a check on the legislative branch to prevent it from becoming too powerful. The President has 10 days (excluding Sundays) to act on the legislation; if no action is taken, the legislation automatically becomes law. This is to prevent the President from killing legislation through simple inaction.

A "regular veto" is when the President returns a bill, unsigned, to the originating house of Congress within 10 days, usually accompanied by a memorandum of disapproval or a "veto message". This is a qualified negative veto, meaning it can be overridden by Congress if it musters a two-thirds vote in each house.

The first regular veto was issued by President George Washington on April 5, 1792. The first successful override of a regular veto occurred on March 3, 1845, when Congress overrode President John Tyler's veto of S. 66.

The "pocket veto" is the other type of veto. This is an absolute veto that cannot be overridden. It occurs when the President fails to sign a bill after Congress has adjourned, making it impossible for the bill to be returned to Congress. This type of veto is derived from Article 1, Section 7 of the Constitution, which states, "the Congress by their adjournment prevent its return, in which case, it shall not be law."

A pocket veto cannot be overridden and occurs when the President doesn't act on a bill

The pocket veto is a type of veto that the US President can use to indirectly reject a bill by taking no action on it. When a bill passes through both the House of Representatives and the Senate, it must be signed by the President within ten days to become law. However, if Congress adjourns during this ten-day period, and the President does not sign the bill, a "pocket veto" occurs, and the bill does not become law.

The pocket veto is distinct from a regular veto, where the President formally returns the bill to the legislature with their objections. In contrast, a pocket veto occurs when the President does not sign a bill within the ten-day review period and cannot return the bill to Congress because it is no longer in session. This inaction on the President's part prevents the bill from becoming law.

The US Constitution grants the President the authority to veto legislation passed by Congress, and this power is outlined in Article I, Section 7. While a regular veto can be overridden by a two-thirds majority vote in both chambers of Congress, a pocket veto cannot be overridden. This is because, by the nature of this mechanism, the House and Senate are not in session and, therefore, cannot act on the rejection of their legislation.

The pocket veto has been a source of contention between Congress and the President, with debates surrounding the term "adjournment." Some interpret the Constitution to restrict the pocket veto to the adjournment sine die of Congress at the end of its two-year term, while others argue it allows for intra- and intersession pocket vetoes. Despite this ambiguity, the pocket veto remains a tool for the President to prevent a bill from becoming law.

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