Congress' Power Play: Vetoed Bills And What's Next

The President of the United States has the power to veto a bill passed by Congress to prevent it from becoming law. This is a check on Congress's legislative power, and it can be overridden by Congress with a two-thirds majority vote in both chambers. If the President does not sign or veto a bill within ten days (excluding Sundays), it automatically becomes law unless Congress has adjourned before the ten days are up, in which case the bill does not become law. This is known as a pocket veto. While the President may exercise the veto power to prevent a bill from becoming law, once a bill becomes law, the President has no authority to repeal it.

Congress can override the veto with a two-thirds majority vote in both chambers

Congress can override a presidential veto with a two-thirds majority vote in both chambers. This is known as a "regular" veto. Once a bill has passed both chambers of Congress, it is enrolled and presented to the President, who has ten days (excluding Sundays) to sign or veto it. If the President vetoes the bill, it is returned to the chamber in which it originated. This chamber can then attempt to override the veto by a two-thirds majority vote. If this vote is successful, the bill is sent to the other chamber for another override vote, which also requires a two-thirds majority. If both chambers pass the override vote, the bill becomes law without the President's signature.

The two-thirds majority vote required to override a presidential veto refers to two-thirds of a quorum, as affirmed by the Supreme Court in Missouri Pacific Ry. v. Kansas (1919). While a presidential veto can be overridden by Congress, a pocket veto cannot. A pocket veto occurs when Congress adjourns before the ten-day period for the President to sign or veto a bill has elapsed. In this case, the President can prevent the bill from becoming law simply by not signing it.

The veto power of the President is defined in Article 1, Section 7 of the US Constitution. The veto was constructed during the Constitutional Convention as a "revisionary power" with limits, including the ability of Congress to override it. The presidential veto power was first exercised in 1792 by President George Washington, who vetoed a bill outlining a new apportionment formula.

If the President does not sign or veto within 10 days, it becomes law

If the President does not sign or veto a bill within 10 days (excluding Sundays), it automatically becomes law, unless Congress has adjourned before the 10 days are up. In this case, the bill does not become law, and this procedure is called a "pocket veto".

A pocket veto occurs when the President does not return the bill to Congress but simply does not act on it. This can only happen when Congress has adjourned, and it cannot be overridden by Congress. If Congress is still in session, the bill becomes law without the President's signature.

The pocket veto has been a source of controversy in the 20th century, with debates surrounding the meaning of the word "adjournment" and the possibility for a pocket veto. The Supreme Court has held that a bill becomes a law on the date of its approval by the President.

The President has the power to veto legislation, preventing it from taking effect unless two-thirds of both the House and Senate vote to override the veto. This is called a regular veto. The veto may be overridden by a two-thirds vote of both Houses of Congress, in which case the bill becomes law without the President's signature.

If Congress adjourns before 10 days, the bill does not become law

A pocket veto can only occur after a session of Congress has adjourned and cannot be overridden by Congress. The President is not required to write the word "approved" nor the date of approval on the bill. However, they are constitutionally required to state any objections to the bill in writing, and Congress is required to consider them.

The Presentment Clause allows the President to veto legislation, preventing it from taking effect unless two-thirds of both the House and Senate vote to override the veto. The two-thirds vote of each Chamber required to pass a bill over a veto refers to two-thirds of a quorum. While the President may exercise the veto power to prevent a bill from becoming law, once a bill becomes law, the President has no authority to repeal it.

The veto power is defined in Article 1, Section 7 of the US Constitution. If the President returns a bill to Congress (to the House in which it originated), it is considered a "`regular` veto". The veto may be overridden by a two-thirds vote of both Houses of Congress. The Constitution also specifies that if the President does not veto or sign a bill within 10 days (excluding Sundays), it becomes a law. This prevents the President from killing legislation through inaction.

The President must state objections to the bill in writing

In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. If the president does not approve of a bill, they have ten days, excluding Sundays, to return it unsigned to the house of the United States Congress in which it originated, while Congress is in session.

The President is constitutionally required to state their objections to the bill in writing. This is to ensure that Congress has a suitable opportunity to consider their objections and, if there are enough votes, to pass the bill over the veto. The President may also issue a veto statement or message, outlining their reasons for vetoing the bill. This is often done at a signing ceremony with the media present, particularly for measures that the President wishes to publicly disapprove of.

If the President does not return the bill to Congress within the ten-day period, it automatically becomes law, unless Congress has adjourned before the ten days are up. In this case, the bill does not become law, and this is called a "pocket veto". A pocket veto cannot be overridden by Congress.

If the President does veto the bill and provides their written objections, Congress can attempt to override the veto by a two-thirds vote in each house. If this occurs, the bill becomes law without the President's signature. Historically, Congress has overridden about 7% of presidential vetoes.

Congress must then consider the President's objections

The President's objections to a bill must be entered at large into the journal of the House in which the bill originated. The votes of both Houses must be determined by yeas and nays, and the names of the persons voting for and against the bill must be entered into the journal of each House.

The President may also issue a veto statement or veto message, often accompanied by media, to publicly outline their reasons for vetoing a bill. However, these statements do not carry much direct weight in the American legal system. If Congress fails to override the veto, the bill and veto become legally irrelevant.

It is important to note that the President has no authority to repeal a bill once it has become law. Additionally, a pocket veto, where the President does not return the bill to Congress but instead allows the ten-day period to lapse, can only occur when Congress has adjourned and cannot be overridden by Congress.

Frequently asked questions