Gavin Howe
In the United States, a bill is a proposal for a new law or a change to an existing law. Once a bill passes both bodies of Congress, it is presented to the president for review. The president can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can vote to override the veto, and the bill becomes a law. However, if the president does not sign off on a bill before Congress adjourns, the bill will be vetoed by default, known as a pocket veto, which cannot be overridden by Congress.
| Characteristics | Values |
|---|---|
| President's action | Veto |
| No action | Pocket veto |
| Congress override | Cannot be overridden |
| Congress in session | Signed within 10 days |
| Congress not in session | No signature required |
| Committee failure | Bill killed |
| Committee override | Discharge petition |
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What You'll Learn
Veto the bill
In the United States, the president has the power to veto a bill passed by Congress to prevent it from becoming law. This is known as a regular veto, where the president returns the unsigned bill to the House of Congress from which it originated within ten days (excluding Sundays). The president must also provide written objections to the bill, which Congress is required to consider.
To override a presidential veto, Congress must pass the bill again with a two-thirds majority vote in both chambers. If Congress achieves this majority, the bill becomes law without the president's signature. However, if Congress fails to override the veto, the bill does not become law, and both the bill and veto become legally irrelevant.
Historically, Congress has overridden only about 7% of presidential vetoes. In some cases, a pocket veto can occur, where Congress adjourns before the ten-day period ends, preventing the president from returning the bill with a veto. In this case, the bill fails to become law without the need for a veto override.
The veto power is a significant tool for the president to influence legislation and ensure that bills align with their policies and priorities. It is defined in Article 1, Section 7 of the US Constitution, and while it has evolved over time, it remains an essential aspect of the legislative process in the United States.
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Refuse to sign it, and Congress is not in session (pocket veto)
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 10-day period and cannot return the bill to Congress because Congress is no longer in session. This means that the bill is vetoed by default and cannot be overridden by Congress.
The pocket veto is a significant power granted to the President by Article 1, Section 7 of the U.S. 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.
The key clause here is "unless the Congress by their Adjournment prevent its return, in which case it shall not be a Law." This means that if Congress adjourns before the 10-day period is up and the President does not sign the bill, the bill does not become law.
The pocket veto has been a source of contention between Congress and the President throughout history, with clashes over the interpretation of the term "adjournment." While some presidents have interpreted the Constitution to restrict the pocket veto to adjournments at the end of a congressional term, others have used it during intra- and inter-session adjournments. The Legislative Branch, backed by modern court rulings, has asserted that the Executive Branch may only pocket veto legislation when Congress has adjourned sine die from a session.
The pocket veto was first used by President James Madison in 1812. Since then, many presidents have used this tactic, with Franklin D. Roosevelt having an outstanding number of pocket vetoes during his presidency from 1933 to 1945, with 263 out of 635 of his vetoes being pocket vetoes.
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Delay signing, and Congress adjourns before 10 days
The President has the power to veto a bill, which means refusing to approve it. If the President vetoes a bill, it is sent back to Congress, accompanied by a note outlining the reasons for the veto. Congress can then vote to override the veto, in which case the bill becomes a law. However, if the President does not sign off on a bill and Congress adjourns before the 10-day period is up, the bill will be pocket vetoed, meaning it is vetoed by default. This action cannot be overridden by Congress.
A "pocket veto" refers to a bill that fails to become law because it is not signed by the President before Congress adjourns. This is a way for the President to effectively veto a bill without formally doing so. In other words, if the President delays signing a bill and Congress adjourns before the 10-day period following the bill's presentation to the President, the bill will not become law.
The process of a bill becoming a law involves its introduction, assignment to a committee, research and discussion, voting by both bodies of Congress, reconciliation of differences between the two versions, and, finally, presentation to the President for review. Once a bill is passed by both chambers of Congress, it is sent to the President for consideration. The President has the power to approve and sign the bill into law or to veto it.
The President's veto power is a key aspect of the legislative process in the United States. It allows the President to exert influence over the creation of laws and serves as a check on the power of Congress. While Congress can override a veto with a two-thirds majority vote in both houses, the pocket veto cannot be overridden. This provides the President with a significant tool to prevent a bill from becoming law.
The timing of a bill's presentation to the President can be influenced by the actions of congressional leaders. By manipulating legislative time, leaders in the House and Senate can create wiggle room for negotiation and delay votes. For example, by keeping the House in recess overnight, a speaker can stretch a single "legislative day" across two calendar days, as demonstrated by Nancy Pelosi in delaying a vote on a $1 trillion infrastructure bill.
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Suggest amendments
The process of a bill becoming a law involves several steps and opportunities for amendments. Here are some ways in which a president can suggest amendments to a bill during this process:
Once a bill is introduced, it is referred to specialized committees in the House and Senate for review and amendments. The president can work with members of Congress to suggest amendments during this stage. The committees may accept, amend, or reject the bill entirely. If substantial amendments are made, the committee can introduce a "clean bill" with proposed amendments, discarding the old version.
Propose Amendments Before Floor Vote
After the committee stage, the bill is brought to the floor of the House and Senate for debate and a final passage vote. Before the vote, the president can suggest amendments by working with members of Congress. Amendments can be offered during the second reading of the bill, which is done in a section-by-section manner.
Recommend Amendments After Passage by Congress
Once a bill passes both chambers of Congress, they must reconcile any differences between the two versions. The president can suggest amendments during this reconciliation process by communicating their desired changes to Congress.
Veto the Bill and Recommend Amendments
If the president believes the bill is unwise or bad policy, they can veto it and send it back to Congress. Along with the veto, the president can recommend specific amendments or changes they would like to see in the bill. Congress can then override the veto with a two-thirds vote in each chamber, or they may consider the suggested amendments and restart the legislative process with a new bill.
Work with Congress During the Legislative Process
The president can actively engage with Congress throughout the legislative process to suggest amendments. They can work with members of their party, committee chairs, and other stakeholders to shape the bill before it reaches their desk for signature. This collaborative approach can help ensure the bill aligns with the president's priorities and policy goals.
In conclusion, while the president does not have the direct power to amend a bill, they can influence the process by suggesting amendments at various stages, including committee review, before floor votes, after passage by Congress, and even after a veto. Collaboration with Congress is key to ensuring the president's suggested amendments are considered and incorporated into the legislation.
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Fail to act on the bill
A president can prevent a bill from becoming a law by failing to act on it. This is known as a "pocket veto". In the United States, if Congress adjourns before the 10-day period and the president does not sign the bill, it does not become law. Similarly, in India, the Constitution does not specify a time limit for presidential action on a bill, so a president can indefinitely postpone action on a bill, effectively vetoing it.
In the US, a bill is assigned to a committee, whose members will research, discuss, and make changes to it. The Speaker of the House may set time limits on committees, and failure to act on a bill within the time limit is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).
In India, there have been instances where the government has not brought a law into force for many years. For example, the National Environment Tribunal Act and the Delhi Rent Control Act were passed in 1995 but were never brought into force. In some cases, laws specify when they will come into effect, such as the 2013 land acquisition law, which put an outer limit of three months for the Centre to bring it into force after presidential approval.
Additionally, there are instances where a law is passed but not implemented due to a lack of regulations. For example, the Benami Transactions Act of 1988 remained unimplemented for 25 years in the absence of relevant government rules.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through the same process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. The president can approve the bill and sign it into law, or refuse to approve it and veto it. If the president chooses to veto a bill, Congress can vote to override that veto and the bill becomes a law.
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 action is called a pocket veto, and it cannot be overridden by Congress.
If Congress adjourns before 10 days have passed and the president has not signed the bill, it does not become law. This is also called a pocket veto.
