Us Bills To Laws: Veto Override Process

In the United States, the President has the power to veto a bill passed by Congress, preventing it from becoming law. However, Congress can override this veto if two-thirds of both chambers vote in favour of the bill. This process is known as an override.

If the President does not approve of a bill, they may choose not to sign it and return it unsigned to the house of Congress in which it originated within ten days (excluding Sundays). The President is required to state their objections to the bill in writing, and Congress must then reconsider the bill.

If Congress overrides the veto with a two-thirds majority vote in each house, the bill becomes law without the President's signature. Historically, Congress has overridden around 7% of presidential vetoes.

If Congress adjourns before the ten-day period is up, the President can prevent the bill from becoming law by not signing it. This is called a pocket veto, and it cannot be overridden by Congress.

The veto power of the US President

The US President has the power to veto a bill passed by Congress, preventing it from becoming law. The term "veto" does not appear in the US Constitution, but Article I requires each bill and joint resolution approved by Congress to be presented to the President for approval.

The President has ten days (excluding Sundays) to act on the bill. They can:

• Sign the bill into law
• Veto the bill by returning it to Congress with a statement of objections
• Do nothing, in which case the bill becomes law after ten days if Congress is still in session, or fails to become law if Congress has adjourned (known as a "pocket veto")

If the President vetoes a bill, Congress can override the veto by a two-thirds vote in both the House and the Senate, and the bill will become law without the President's signature.

Historically, Congress has overridden around 7% of presidential vetoes.

Congress's ability to override a veto

Congress can override a presidential veto by a two-thirds vote in each house. This is known as a "regular" veto, in which the President returns a bill to Congress (to the House in which it originated). If the President does not veto or sign a bill within 10 days (excluding Sundays), it becomes law. This prevents the President from killing legislation through inaction.

The exception is if Congress has adjourned before the 10 days are up, thereby preventing a possible return with a veto. In that case, the legislation does not become law. This situation permits what has been called a "pocket veto" when the President does not return the legislation to Congress but simply does not act. In that case, the bill does not become law and cannot be overridden by Congress.

The pocket veto

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 on whether to sign or return any legislation to 10 days (not including Sundays) while Congress is in session. If Congress adjourns and prevents the bill's return, and the president does not sign, a pocket veto occurs.

Franklin D. Roosevelt had an outstanding number of pocket vetoes, more than anyone 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 in office.

The legislative process of a bill

A bill is a proposal for a new law or a change to an existing law. It can be introduced by a sitting member of the Senate or House of Representatives, or it can be proposed during their election campaign. Once introduced, the bill is assigned to a committee that will research, discuss, and make changes to it.

Voting in Chambers:

The bill is then put before the chamber in which it was introduced and voted on. If it passes one body of Congress, it moves to the other body, where it undergoes a similar process of research, discussion, changes, and voting.

Reconciliation and Presentation:

Once both bodies vote to accept a bill, they must reconcile any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes this vote, it is presented to the President for consideration.

Presidential Consideration:

At this stage, the President has the power to approve or veto the bill. If the President approves, they sign the bill into law. However, if they choose to veto it, there are a few possible outcomes:

• Override by Congress: Congress can override the presidential veto by a two-thirds vote in both chambers, and the bill becomes law without the President's signature.
• Pocket Veto: If Congress is no longer in session and the bill remains unsigned by the President within a certain timeframe, it is effectively vetoed and cannot be overridden. This is known as a "pocket veto."
• Regular Veto: If the President formally vetoes the bill by returning it to Congress with a statement of objections, and Congress fails to override this veto, the bill does not become law.

The history of presidential vetoes

The first presidential veto was exercised by President George Washington on April 5, 1792, when he vetoed a bill outlining a new apportionment formula for Congress. Washington's veto was based on his belief that the bill did not accurately represent states' relative populations and violated the Constitution.

Over the years, presidents have used their veto power to shape policy and prevent legislation that does not align with their agenda or viewpoint. The number of vetoes issued by each president has varied, with Franklin D. Roosevelt holding the record for the most vetoes, due in part to his serving three full terms.

The process of overriding a presidential veto has also evolved. Initially, some state constitutions did not provide for a gubernatorial veto, and the president of the Continental Congress lacked veto power. However, this changed with the enactment of the United States Constitution, which granted veto power to the president.

The presidential veto power has been a significant tool in shaping US legislation, with Congress historically overriding only about 7% of presidential vetoes. The veto process adds an extra layer of checks and balances to the law-making procedure, ensuring that the executive branch has a say in the laws that are passed.

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