Kara Sears
The President of the United States has 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 defined in Article 1, Section 7 of the US Constitution. If the President does not approve of a bill, they have 10 days (excluding Sundays) to return it to the originating house of Congress, unsigned, along with a memorandum of disapproval or a veto message. If Congress is still in session and the President fails to sign a bill within the 10-day period, the bill becomes law without the President's signature. However, if Congress adjourns before the 10 days have passed, the bill does not become law, and this procedure is called a pocket veto. Congress can override a regular veto if two-thirds of both chambers vote to do so, but a pocket veto is an absolute veto that cannot be overridden.
| Characteristics | Values |
|---|---|
| Branch that can stop laws over the presidential veto | Congress |
| Nature of the veto | Regular veto, pocket veto |
| Instances of pocket veto | H.R.4042 (98th Congress), H.R.4476 (44th Congress) |
| Instances of attempted intra-session pocket vetoes | H.R.1 (101st Congress), S.333 (101st Congress) |
| Instances of intra-session recess periods | H.J. Res. 390 (101st Congress, 1st sess.), S. 1176 (102nd Congress, 1st sess.) |
| Time limit for veto | 10 days (excluding Sundays) |
| Bicameralism and separation of powers | The House of Representatives passing legislation without the concurrence of the Senate |
| Legislative veto of executive decisions | Line Item Veto Act of 1996 |
| Presidential signing statement | Veto statement |
| Veto power in Thirteen Colonies | Absolute veto by the governor of each colony (except for Connecticut, Maryland, and Rhode Island), Absolute veto by the British king |
| Veto power in post-independence state constitutions | Gubernatorial veto in South Carolina, qualified veto in Massachusetts |
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What You'll Learn
The President's veto power
The threat of a veto is often enough to deter legislation that the President is likely to reject. This tactic, known as "veto signaling", has been employed by various presidents, including George W. Bush and Barack Obama, who used it to undertake military construction projects. The use of vetoes as a policy tool or a sign of presidential disapproval has evolved over time, with the Obama and Bush administrations marking a notable shift in this regard.
While the President's veto power is a significant tool, it is not without limitations. Once a bill becomes law, the President cannot use their veto power to repeal it. Additionally, the Supreme Court has provided clarification on the veto process, including the interpretation of the term "adjournment" and the requirements for a valid pocket veto.
In conclusion, the President's veto power, as outlined in Article 1, Section 7 of the US Constitution, allows the President to veto legislation by returning it to Congress with their objections. This power can be overridden by a two-thirds majority in both the House and the Senate. The veto power serves as a check on the legislative branch, ensuring that the President has a say in the law-making process, while also providing Congress with the opportunity to reconsider and potentially override the veto.
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Congress's power to override vetoes
The US Constitution defines the veto power in Article 1, Section 7. The President may veto a bill by returning it to the House in which it originated within ten days (excluding Sundays) of when the bill is presented to them. This is called a "regular" veto. The veto may be overridden by a two-thirds vote of both Houses of Congress. If the President does not veto or sign a bill within the ten-day period, it automatically becomes law unless Congress has adjourned before the ten days are up, preventing a possible return with a veto. This is known as a "pocket veto". Pocket vetoes cannot be overridden, and if Congress still wants the legislation to pass, it must reintroduce the bill.
The Presentment Clause allows the President to veto legislation, preventing it from taking effect unless two-thirds of both the House and the Senate vote to override the veto. The Supreme Court has held that 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.
Congress can override a veto when it is in session and the President returns the bill to the Chamber in which it originated within ten days (excluding Sundays) of when the bill is presented to them. If the President fails to sign a bill within the ten-day period while Congress is in session, the bill becomes law automatically. If Congress approves a bill and sends it to the President, and then adjourns before the ten days elapse, the President cannot return the bill to the originating Chamber after adjournment. In this case, the President can prevent the bill from becoming law by not signing it.
There are many examples of Congress overriding presidential vetoes. For instance, in 1919, Congress overrode President Wilson's veto of the Volstead Act. In 1972, Congress overrode President Nixon's veto of the Clean Water Act. In 1973, Congress overrode President Nixon's veto of the War Powers Act.
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The two-thirds vote
In the United States, the President can use the veto power to prevent a bill passed by Congress from becoming law. However, Congress can override the veto and pass the bill into law by a two-thirds vote of both chambers. This is known as a "regular" veto.
It is worth noting that the two-thirds vote requirement refers to two-thirds of a quorum in each chamber, rather than two-thirds of the entire membership of the House or Senate. This distinction is important, as it sets a clearer threshold for overriding a veto and ensures that a sufficient number of members are present to represent their constituents' interests.
In addition to the regular veto, there is also the pocket veto. This occurs when Congress adjourns before the ten-day period for the President to act on a bill has elapsed. In this case, the President can prevent the bill from becoming law simply by not signing it. Congress cannot override this type of veto and must reintroduce the bill in the next session if they still wish to pursue it.
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The veto statement
When a bill is passed by both houses of Congress, it is presented to the President for approval. The President has 10 days, excluding Sundays, to act on the legislation. If the President approves, they sign it into law. However, if the President disapproves, they may issue a veto and return the unsigned bill to the house of Congress where it originated. This is known as a "regular veto" and serves as a qualified negative veto.
To override a regular veto, Congress requires a two-thirds vote in both chambers. If Congress achieves this majority, the bill becomes law despite the President's objection. However, if Congress fails to override the veto, the bill and veto become legally irrelevant. In this case, the veto message is not considered during subsequent executive implementation or judicial interpretation of the law.
It is important to note that the President also has the option of a ""pocket veto." This occurs when Congress adjourns before the 10-day period for the President to act on the legislation has elapsed. In this scenario, the President can prevent the bill from becoming law simply by declining to sign it. A pocket veto is an absolute veto that cannot be overridden by Congress.
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The pocket veto
The U.S. Constitution provides for the pocket veto in Article I, Section 7, 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 Constitution limits the president's period for deciding whether to sign or return any legislation to ten days (not including Sundays) while the United States Congress is in session. If Congress adjourns within those ten days, the president can prevent the bill from becoming law simply by declining to sign it. If the president blocks legislation by pocket veto, Congress cannot later override the veto. Instead, the legislature must reintroduce the bill and enact it again.
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Frequently asked questions
A veto is a way for the President to prevent a bill passed by Congress from becoming law. The President has 10 days (excluding Sundays) to act on the legislation, or it automatically becomes law.
A pocket veto is a type of absolute veto that cannot be overridden. It occurs when the President does not sign a bill after Congress has adjourned and is unable to override the veto.
Yes, Congress can override a veto by a two-thirds vote of both chambers. Historically, Congress has overridden about 7% of presidential vetoes.
