Keith Mack
In the United States, the president has the power to sign a bill into law or veto it. Congress, as the Legislative Branch, has the authority to create and modify laws. Once a bill is passed by both the House and the Senate, it is sent to the president for review. The president can either approve the bill and sign it into law or veto it by returning it to the chamber in which it originated, along with their objections. If the president does not sign or return the bill within ten days (excluding Sundays), it automatically becomes law, as long as Congress is still in session. If Congress adjourns before the ten days, the bill is vetoed by default, known as a pocket veto. However, Congress can override a presidential veto by a two-thirds vote in each chamber, allowing the bill to become law without the president's signature. Similar veto powers are also held by state governors and, in some cases, county executives and mayors.
| Characteristics | Values |
|---|---|
| Who can sign a law? | The President, State Governors, County Executives, Tribal Governments, Congress, House of Representatives, House of Delegates, The Governor, The Senate |
| Who can veto a law? | The President, State Governors, County Executives, Tribal Governments, Congress, The Senate |
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What You'll Learn
The US President can veto a bill
The US President has the power to veto a bill. This means that the president can refuse to approve a bill, preventing it from becoming a law. The president has ten days, excluding Sundays, to act on a bill after it is presented to them. If the president takes no action within this time frame, the bill will automatically become law.
There are two types of vetoes that a US President can use: a regular veto and a pocket veto. A regular veto is a qualified negative veto, where the president returns the unsigned legislation to the originating house of Congress within ten days, usually with a memorandum of disapproval or a "veto message". The House can then reconsider the bill, and if two-thirds of that House still agree to pass the bill, it will be sent to the other House for reconsideration. If two-thirds of both the House and the Senate vote to override the veto, the bill will become a law.
A pocket veto occurs when the president does not sign a bill and Congress adjourns before the ten-day period elapses. In this case, the president can prevent the bill from becoming law simply by declining to sign it. Congress cannot override a pocket veto; instead, the legislature must reintroduce the bill and enact it again. The pocket veto is considered a powerful tool for the president to block legislation.
The US President's veto power is one of the most significant tools they have to influence the legislative process and shape policy. Even the threat of a veto can bring about changes in legislation before a bill is presented to the president. The veto power allows the president to ensure that bills align with their ideological agenda and priorities.
It is important to note that while the president has the power to veto a bill, this power is not unlimited. The president cannot veto a bill that has already become law, and their veto can be overridden by Congress in certain circumstances. Additionally, the Supreme Court has placed constraints on the president's veto power, such as ruling that the line-item veto, which allowed the president to veto specific parts of a bill, is unconstitutional.
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Congress can override a veto
In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. The president must return 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 ten days of enactment while Congress is in session, the bill becomes law automatically.
However, Congress can override a veto by a two-thirds vote of both chambers. If a bill is vetoed by the president, it will be returned to the House in which it originated, where it will be reconsidered. If two-thirds of the House then approve the bill, it will be sent to the other House, where it will also be reconsidered. If two-thirds of that House also approves, the bill will become a law, despite the president's veto.
Historically, Congress has overridden about 7% of presidential vetoes. In addition to the president, all state and territorial governors have veto power, as do some mayors and county executives. Some governors have additional veto powers, including line-item, amendatory, and reduction vetoes.
It is important to note that pocket vetoes can only occur after a session of Congress has adjourned and cannot be overridden by Congress. A pocket veto occurs when the president does not return the legislation to Congress but simply does not act on it, resulting in the bill not becoming a law.
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Governors have veto power
In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. Congress can override the veto by a two-thirds vote of both chambers. State and territorial governors also have similar veto power, as do some mayors and county executives.
All US states have a provision by which the governor can veto bills passed by the legislature. In addition to the ability to veto an entire bill, many states give the governor additional power to strike or revise parts of a bill without striking the whole bill. This includes reduction or line-item vetoes, amendatory vetoes, and package vetoes.
The first state to adopt a line-item veto was Georgia, in 1861. Governors of 11 states and Puerto Rico have some form of pocket veto, which cannot be overridden. The governor of American Samoa has package and line-item veto powers, which the legislature can override within 14 months of the veto date. If the legislature overrides the governor's veto, the governor can forward the bill to the Secretary of the Interior for review, and it will only become law if the secretary approves it within 90 days.
Mayors in a mayor-council government often have veto power over local ordinances passed by the city council. This is a typical feature of "strong mayor" systems, where the mayor is the chief executive and the council is limited to legislative matters. The mayors of New York, Los Angeles, Chicago, and Washington, D.C., all have veto power.
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County executives may have veto power
In the United States, the president has the power to veto a bill passed by Congress to prevent it from becoming a law. However, it's important to note that this presidential veto can be overridden if two-thirds of both chambers of Congress vote to do so. This process showcases the system of checks and balances in place within the US government.
While the president holds significant veto power at the federal level, it's worth exploring whether similar powers are vested in local government officials, specifically county executives. Indeed, in some states, county executives may be granted veto power. This varies across states, with examples including Arkansas, Wisconsin, California, and New York.
In Arkansas, a constitutional amendment adopted in 1974 granted all county judges veto power. However, this power can be overridden by a three-fifths majority of the quorum court. On the other hand, in Texas, the county judge does not possess veto power but instead votes as a member of the Commissioners' Court.
In Wisconsin, a constitutional amendment granted veto power to county executives in 1962. However, as of 2020, this power is limited to only twelve counties that have adopted a county executive form of government. A similar dynamic exists in California, where elected county executives have veto power, specifically in the consolidated city-county of San Francisco.
New York offers its counties a choice—they can opt to have a county executive with or without veto power. This flexibility allows counties to tailor their governance structure according to their specific needs and preferences. These variations in county executive veto power across states highlight the diverse approaches to local governance within the United States.
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Tribal governments can have veto power
In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. The president can approve the bill and sign it into law, or refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can override it with a two-thirds vote of both chambers, unless it is a pocket veto.
While the president has veto power at the federal level, some state and territorial governors also have veto power over bills passed by their state legislatures. All 50 state governors have this power, as do the governors of all five permanently inhabited US territories. Additionally, some mayors and county executives have veto power. For example, in California, elected county executives have a veto, but only in the consolidated city-county of San Francisco.
Some tribal governments also have veto power. The constitutions of many Native American tribes contain an executive veto power over bills passed by the tribal council. Additionally, some tribal constitutions adopted under the Indian Reorganization Act of 1934 give the Secretary of the Interior a veto power over tribal legislation. For example, the Nisqually Indian Tribe's constitution grants a secretarial veto over all ordinances issued under its police power.
While tribal governments can have veto power, it is important to note that this power is not universal and may vary across tribes. Additionally, the presence of veto power at the tribal level may introduce complexities, as seen with the "Morton memorandum," which directed BIA superintendents and area directors to disapprove of any tribal legislation regulating water use on Indian reservations that required secretarial approval. This resulted in tribes with secretarial veto provisions in their constitutions facing additional obstacles to regulating water use.
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Frequently asked questions
The President of the United States can sign a law.
If the President does not sign a law, it is called a veto. The President has veto power and can prevent a bill from becoming a law.
Yes, Congress can override a veto by a two-thirds vote of both chambers.
