Anaya Nolan
In the United States, the President has the authority to veto legislation passed by Congress, and all state and territorial governors have similar veto powers. The President has ten days to veto a bill, after which it automatically becomes law. This is known as a regular veto. If the President fails to sign a bill after Congress has adjourned, it is called a pocket veto, which cannot be overridden. Governors can also issue pocket vetoes, as well as line-item, amendatory, and reduction vetoes. The legislature can override a governor's veto in most cases, except for pocket vetoes. The veto power is a significant tool for the President and governors to shape legislation and ensure it aligns with their policies and priorities.
| Characteristics | Values |
|---|---|
| Who can veto a state law in the US? | The President, US state governors, some mayors and county executives, and some tribal governments. |
| How long does the President have to veto a bill? | 10 days (excluding Sundays) |
| What happens if the President does nothing for 10 days? | The bill becomes a law |
| What is a pocket veto? | A type of veto that takes effect when the President fails to sign a bill after Congress has adjourned and is unable to override the veto. |
| Can a pocket veto be overridden? | No, it cannot be overridden. |
| What is a regular veto? | A qualified negative veto. |
| Can a regular veto be overridden? | Yes, if Congress musters a two-thirds vote of each house. |
| What is a legislative veto? | A veto exercised by the legislature against an action of the executive branch. |
| How many US states have a legislative veto? | 28 |
| What is a line-item veto? | A veto that allows the removal of specific sections of a bill. |
| How many governors have line-item veto powers? | 44 |
| Which was the first state to adopt a line-item veto? | Georgia, in 1861 |
| What is an amendatory veto? | A veto that gives the executive the power to move policy closer to its preferred state. |
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What You'll Learn
The President of the United States
In the United States, the President has the power to veto a bill passed by Congress to prevent it from becoming law. This authority, granted by Article I, Section 7 of the Constitution, is one of the most significant tools available to the President to prevent the passage of legislation. The President has ten days, excluding Sundays, to act on the legislation, after which it automatically becomes law.
The President can exercise two types of vetoes: 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 accompanied by a memorandum of disapproval or a "veto message." Congress can override a regular veto with a two-thirds vote in both chambers.
A pocket veto, on the other hand, is an absolute veto that comes into effect when the President fails to sign a bill after Congress has adjourned. This type of veto cannot be overridden by Congress. If the President uses a pocket veto, Congress must reintroduce the bill and enact it again.
The veto power of the President is a reactive power, as the President cannot veto a bill until it has been passed by the legislature. The threat of a veto can be influential, potentially leading to changes in the content of legislation even before it reaches the President.
In addition to the President's veto power, it is worth noting that US state governors also possess veto powers, including line-item, amendatory, and reduction vetoes. These veto powers allow governors to shape legislation at the state level, contributing to the complex interplay between federal and state laws in the United States.
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State governors
State laws dictate the time frame in which a governor must veto a bill, which varies among states. In some states, bills will only become law if the governor signs them within a specified number of days. In other states, bills will become law unless they are vetoed within a specified number of days. If a governor chooses not to sign a bill, it is "pocket-vetoed".
Legislatures can override vetoes, usually by a supermajority or two-thirds vote of both chambers. However, only the governor can call a special session to do so.
In addition to state governors, some mayors and county executives also have veto power.
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Tribal governments
Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States. The U.S. federal government recognized American Indian tribes as independent nations and came to policy agreements with them via treaties.
Tribal sovereignty is dependent on, and subordinate to, only the federal government, not states. Tribes are sovereign over tribal members and tribal land. Tribal law enforcement authorities have the power to eject non-members from tribal lands if they are deemed undesirable.
Tribal nations do not enjoy direct access to U.S. courts to bring cases against individual states, but as sovereign nations, they enjoy immunity against many lawsuits unless a plaintiff is granted a waiver by the tribe or by congressional abrogation.
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. 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.
Veto powers also exist in some, but not all, tribal governments. However, it is unclear how these veto powers are exercised in tribal governments and what specific laws or bills they can veto.
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Territorial governments
In Guam and the USVI, the territory's organic law defines the governor's veto powers. In Puerto Rico, the CNMI, and American Samoa, which are governed by a constitution rather than federal statute, veto powers are defined in the constitution. The governor of Guam has a package veto power and a line-item veto power, both of which can be overridden by a two-thirds vote of the legislature.
Congress has expressly reserved the plenary power to nullify territorial legislation in some territories, including Guam, although not in Puerto Rico. Some territories' organic laws formerly provided for an absolute presidential veto over territorial legislation, as was the case in Puerto Rico under the Jones-Shafroth Act of 1917, and in the USVI until 1968.
A veto is a legal power to unilaterally stop an official action, typically used by a president or monarch to stop a bill from becoming a law. In many countries, veto powers are established in the country's constitution and can be found at various levels of government, such as state, provincial, or local governments. Some vetoes can be overridden, often by a supermajority vote, while others are absolute and cannot be overridden.
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Mayors and county executives
In the United States, some mayors and county executives have the power to veto a state law. Mayors in a mayor-council government often have a 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. These systems are more common in large cities, such as New York, Los Angeles, Chicago, and Washington, D.C.
Mayors in the early 19th century were often appointed rather than elected and typically served one-year terms. As cities grew, the mayoral role was strengthened, and the position became an independently elected office with multi-year terms. This change in the mayoral role was partly an effort to limit the political power of immigrants.
In some states, such as Arkansas, a constitutional amendment was adopted in 1974 that gave all county judges a veto power that can be overridden by a three-fifths majority of the quorum court. In contrast, in Texas, the county judge has no veto power and instead votes as a member of the Commissioners' Court.
Counties in New York can choose to have a county executive with or without veto power. Wisconsin granted a veto to county executives by constitutional amendment in 1962, but as of 2020, this only applies to twelve counties that have adopted a county executive form of government. Similarly, in California, elected county executives have a veto, but only the consolidated city-county of San Francisco has an elected executive.
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Frequently asked questions
The President of the United States can use the veto power to prevent a bill passed by Congress from becoming law.
A veto is the power to prevent a bill from becoming law.
Yes, all state and territorial governors have a similar veto power, as do some mayors and county executives.
A pocket veto is a veto that takes effect by the executive or head of state taking no action. In the US, the President can veto a bill by not signing it within 10 days (excluding Sundays) while Congress is in session.
A partial veto, or line-item veto, allows the executive to object to a specific part of the law while allowing the rest to stand.
