Kara Sears
The process of creating and modifying laws varies across different political systems. In the United States, for example, the president has the power to veto a proposed law, which means that they can prevent it from becoming law. However, Congress can override the president's veto if two-thirds of both chambers vote in favor of the bill. At the state and territorial level, governors also have veto power, and in some cases, so do mayors and county executives. In contrast, the British monarch's power to veto laws in the United Kingdom has not been used since 1708, although this power was used extensively in the American colonies until 1765.
| Characteristics | Values |
|---|---|
| Who can approve or veto a proposed law? | The President |
| How does the President veto a law? | By refusing to sign a bill within 10 days (excluding Sundays) while Congress is in session. This is called a "pocket veto". |
| What happens if the President vetoes a law? | The bill is sent back to Congress with a note listing the President's objections. |
| Can Congress override a Presidential veto? | Yes, if two-thirds of both chambers of Congress vote to override the veto, the bill becomes law. |
| Do other officials have veto power? | Yes, all state and territorial governors have veto power, as do some mayors and county executives. Some tribal governments also have veto powers. |
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What You'll Learn
The President's role in vetoing a bill
The process typically begins after a bill has passed through both chambers of Congress, the House of Representatives and the Senate. Once a bill has been approved by both chambers, it is then presented to the President for review and consideration. The President has the option to approve the bill and sign it into law, or they can choose to veto it.
If the President decides to veto a bill, they must return it to the chamber where it originated, along with a note outlining their reasons for doing so. This process must be completed within ten days, excluding Sundays, from when the bill is first presented to the President. If the President fails to act within this timeframe and Congress remains in session, the bill will automatically become law without the President's signature.
However, if the President vetoes the bill within the allotted time and provides their objections, the chamber that originated the legislation can attempt to override the veto. This requires a vote of two-thirds of those present in that chamber. If this attempt is successful, the bill then moves to the other chamber, which can also choose to hold an override vote. If both chambers successfully override the veto by a two-thirds majority, the bill will become a law, despite the President's objections.
It is important to note that a successful override of a presidential veto is a rare occurrence. The President's veto power serves as a crucial check and balance in the legislative process, allowing them to exert their influence and shape the direction of legislation.
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Congress overriding a presidential veto
In the United States, a bill can be introduced by any member of the Senate or House of Representatives, or even be proposed by citizens or citizen groups. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to the bill. The bill is then put before the chamber to be voted on. If it passes in one body of Congress, it goes to the other body to undergo a similar process. 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, 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 vetoes a bill, it is sent back to Congress with a note listing their reasons. Congress can then attempt to override the veto by holding a vote in both chambers. A two-thirds majority is required in both the House of Representatives and the Senate to override a presidential veto. If the veto is overridden in both chambers, the bill becomes law.
Congress has the power to override a presidential veto, although this is a rare occurrence. To date, US presidents have vetoed more than 2,500 bills, with Congress overriding the president less than five per cent of the time. The first time Congress overrode a presidential veto was in 1845, during the waning hours of the 28th Congress. The House joined the Senate to pass an appropriation bill over the veto of President John Tyler. The bill prohibited the president from authorizing the building of Revenue Marine Service (Coast Guard) ships without approved appropriations from Congress.
More recently, in January 2021, Congress overrode President Donald Trump's veto of a defence spending bill for the first time in his presidency. The Republican-controlled Senate and the House of Representatives voted with a two-thirds majority to pass the $740 billion National Defense Authorization Act (NDAA).
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State and territorial governors' veto power
In the United States, the president can use their veto power to prevent a bill passed by Congress from becoming law. This power is also afforded to state and territorial governors, who can veto an entire bill. All 50 state governors have this power, with the last state to provide this power being North Carolina in 1996. In addition to this, the governors of the five permanently inhabited US territories (Guam, the Commonwealth of the Northern Mariana Islands (CNMI), Puerto Rico, American Samoa, and the United States Virgin Islands (USVI)) have at least a package veto and a line-item veto.
A package veto allows governors to veto an entire bill, and this can be overridden by the legislature. A line-item veto allows the governor to remove appropriations to which they object. This gives governors a strong role in establishing priorities for the use of state resources. In some states, governors also have "reduction" or "amendatory" veto powers. In Guam, the governor also has a pocket veto that cannot be overridden.
In the Thirteen Colonies, the British colonial government exercised two forms of veto: an absolute veto exercised by the governor of each colony (except for Connecticut, Maryland, and Rhode Island), and another by the British king. Both vetoes were absolute and derived from the monarch's power to deny royal assent. While the British monarch last used this power within the United Kingdom in 1708, in the colonies, the practice continued for much longer. From 1696 to 1765, the king struck down nearly 400 laws that had been adopted by an American colonial legislature and approved by the colony's governor.
In the years immediately following US independence, most state constitutions did not provide for a gubernatorial veto at all. There were, however, three exceptions. South Carolina initially provided for an absolute veto, but after governor John Rutledge vetoed the new state constitution, he was forced to resign, and his successor removed the veto power. In Massachusetts, the constitution of 1780 provided for a qualified veto, in which a gubernatorial veto could be overridden by a two-thirds vote of each chamber of the legislature. In New York, the 1777 constitution established a "Council of Revision", which included the governor and could issue a qualified veto of legislation.
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Tribal governments' veto power
In the United States, the power to veto a proposed law typically rests with the president. A bill is sent to the president for review, and they can either approve it by signing it into law or refuse to approve it by vetoing it. This presidential veto can be overridden by a two-thirds majority vote in both chambers of Congress.
At the state level, governors also generally possess the authority to veto bills passed by state legislatures. Additionally, some states grant veto powers to other officials, such as county judges or county executives.
When it comes to Tribal governments, the dynamics of veto power differ. The constitutions of many Native American tribes include an executive veto power over bills passed by the tribal council. For instance, in the Navajo Nation government, the president holds both package veto power and line-item veto power for budgetary matters. Notably, the line-item veto in the Navajo Nation cannot be overridden, as established by a 2009 referendum.
Furthermore, some tribal constitutions adopted under the Indian Reorganization Act of 1934 grant the Secretary of the Interior veto power over tribal legislation. This dynamic has occasionally presented challenges for tribal governments, as exemplified by the "Morton memorandum," which directed BIA superintendents and area directors to disapprove of certain tribal legislation regarding water use on Indian reservations.
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Presidential approval of a bill
In the United States, the president has the power to approve or veto a proposed law, also known as a bill. The bill is sent to the president for review and approval after both chambers of Congress have agreed to it. At this point, the bill has been through a process of research, discussion, changes, and voting in each chamber.
The president has ten days, excluding Sundays, to consider and act on the bill. If the president approves the bill, they will sign it into law. This is the final step in the legislative process, and the bill officially becomes a law.
However, if the president refuses to approve the bill, they can veto it. A veto means that the president has rejected the bill and is returning it to Congress with a note listing their reasons for doing so. The chamber that originated the bill can then attempt to override the veto by a vote of two-thirds of those present. If both chambers successfully override the veto, the bill becomes a law despite the president's objection.
It is important to note that there is a scenario where a bill can be vetoed without the president's explicit refusal to approve it. If Congress adjourns before the ten-day review period ends and the president has not signed the bill, it does not become law. This is known as a "pocket veto." A pocket veto cannot be overridden by Congress, and the bill is vetoed by default.
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Frequently asked questions
The president can approve a proposed law by signing it into law.
The president can use the veto power to prevent a bill passed by Congress from becoming law.
Yes, all state and territorial governors have a similar veto power, as do some mayors and county executives. In many states and territories, the governor has additional veto powers, including line-item, amendatory, and reduction vetoes.
Yes, Congress can override a veto by a two-thirds vote of both chambers.
