Cameron Miranda
The process of a bill becoming a law is a complex one, and it can be halted at several stages. In the US, the President can veto a bill, refusing to approve it and preventing it from becoming law. This can be overridden by Congress, where a two-thirds majority in both houses can still pass the bill. This is also the case in California, where the Governor has the power to veto, and a two-thirds majority in both houses can override this. A pocket veto can be used by the President or Governor if a bill is not signed off on before Congress is no longer in session, and this cannot be overridden.
| Characteristics | Values |
|---|---|
| Who can veto a law? | The President, Governor, or Congress |
| What is a pocket veto? | A type of veto where the President does not sign off on a bill and it remains unsigned when Congress is no longer in session; it cannot be overridden by Congress |
| What is a regular veto? | A type of veto that can be overridden by Congress |
| What is the difference between a regular and a pocket veto? | A regular veto can be overridden by Congress, whereas a pocket veto occurs when Congress is no longer in session and cannot be overridden |
| Who can override a veto? | Congress or a two-thirds vote in each house |
| What happens after a veto is overridden? | The bill becomes a law |
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What You'll Learn
The President can veto a bill
There are two types of vetoes: the "regular veto" and the "pocket veto". The regular veto is a qualified negative veto. The President returns the unsigned legislation to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message". Congress can override the President's decision if it musters the necessary two-thirds vote of each house.
The pocket veto is a more powerful tool. It occurs when the President does not sign off on a bill, and it remains unsigned when Congress is no longer in session. This type of veto cannot be overridden by Congress. The authority of the pocket veto is derived from the Constitution's Article I, Section 7, which states, "the Congress by their adjournment prevent its return, in which case, it shall not be law."
The President may still assert a pocket veto and accompany it with a message setting forth their objections, providing clarity that the legislation was vetoed and did not become law automatically.
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Congress can override a veto
The other type of veto is called a "pocket veto", which cannot be overridden by Congress. A pocket veto occurs when the President does not sign a bill after Congress has adjourned and is unable to override the veto. The veto becomes effective when Congress is no longer in session, and the bill is vetoed by default. The authority of the pocket veto is derived from Article I, Section 7 of the US Constitution, which states that "the Congress by their adjournment prevent its return, in which case, it shall not be law".
The process of a bill becoming a law involves both houses of Congress voting to accept it, then working out any differences between the two versions. Both chambers then vote on the same version of the bill, and if it passes, it is presented to the President. The President can then approve the bill and sign it into law, or veto it. If the President chooses to veto the bill, Congress can vote to override that veto, and the bill becomes a law.
In California, if the Governor vetoes a bill, a two-thirds vote in each house is needed to override the veto.
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A pocket veto cannot be overridden
A pocket veto is a type of veto that occurs when a bill fails to become law because the president does not sign it within a certain period (typically ten days) and cannot return the bill to Congress because it is no longer in session. In the United States, this is based on Article 1, Section 7 of the Constitution, which 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.
This means that if Congress adjourns during the ten-day period and the president does not sign the bill, a pocket veto occurs, and the bill does not become law. Unlike a regular veto, a pocket veto cannot be overridden by Congress because they are not in session and therefore unable to act on the rejection of the legislation. As constitutional scholar Louis Fisher notes, "The administration would be on weak grounds in court because they would be insisting on what the Framers decidedly rejected: an absolute veto."
The pocket veto is seen by some as an anomaly, as it grants the president a type of power that the founders of the Constitution rejected. Its presence in the Constitution can be explained as a presidential defence against abrupt, untimely congressional adjournment aimed at preventing the president from acting on legislation. While the pocket veto has been used by almost every US president since James Madison in 1812, there is still confusion and disagreement about when it can be used. Some presidents have interpreted it to apply only to the adjournment sine die of Congress at the end of a two-year congressional term, while others have interpreted it to allow intersession and intrasession pocket vetoes.
Due to the nature of a pocket veto, where Congress is out of session, the only way to circumvent it is to reintroduce the legislation as a new bill, pass it through both chambers, and present it to the president again for signature.
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A Governor's veto can be overridden
In some cases, a governor's veto cannot be overridden. For example, if a governor vetoes a joint resolution proposing amendments to the state constitution, this cannot be overridden. Additionally, if a governor does not sign off on a bill and it remains unsigned when the legislature is no longer in session, it is considered a "pocket veto" and cannot be overridden.
Between 2010 and 2020, governors issued 11,180 complete or partial vetoes, of which legislatures overrode 579 (5.2%). This demonstrates that while the veto override power can play a role in conflicts between state legislatures and governors, it is rarely used.
It is important to note that the process of overriding a veto may vary depending on the state and specific legislative procedures.
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Veto messages are released
In the United States, the president has the power to veto a bill. This is where they refuse to approve a bill, preventing it from becoming a law. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill can still become a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This is called a "pocket veto", and it cannot be overridden by Congress.
At the state level, the governor has the power to veto a bill. For example, in California, the governor has 12 days to decide whether to sign a bill into law, allow it to become law without their signature, or veto it. A governor's veto can be overridden by a two-thirds vote in both houses of the state legislature.
When a bill is vetoed, an official veto message is released, explaining the reasons for the veto. These messages are made available to the public by the relevant office, such as the Governor's Office in California, and can also be found online.
Veto messages are an important part of the legislative process as they provide transparency and insight into the reasons behind a vetoed bill. They allow the public, legislators, and other stakeholders to understand the objections raised by the vetoing authority and facilitate further discussion and action on the proposed legislation.
In some cases, a veto message may be accompanied by suggested amendments or alternative proposals to address the concerns outlined in the message. This provides an opportunity for collaboration and compromise between the legislative and executive branches of government, as they work towards creating laws that serve the best interests of the citizens.
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Frequently asked questions
A veto is when a president or governor refuses to approve a bill.
If a bill is vetoed, it can still become a law if there is a two-thirds vote in both houses to override the veto.
A pocket veto is when a president does not sign off on a bill and it remains unsigned when Congress is no longer in session. A pocket veto cannot be overridden by Congress.
