Kara Sears
The power to veto laws is typically held by the head of state in a presidential or semi-presidential system, such as the President of the United States, who can prevent a bill passed by Congress from becoming law. In parliamentary systems, the head of state's veto power is usually weak or non-existent. In the United States, a presidential veto can be overridden by a two-thirds vote of both chambers of Congress. In some countries, like Estonia, the president can issue a suspensory veto, allowing them to propose amendments to a bill. In other countries, like Benin, the president can return legislation for reconsideration within a set time frame, which can be overridden by an absolute majority in the National Assembly. At the state and local level in the US, governors and some mayors and county executives have veto power. In tribal governments, the chairperson of the Little Traverse Bay Bands of Odawa Indians has veto power, including over budgetary matters.
| Characteristics | Values |
|---|---|
| Country | United States |
| Type of veto | Presidential |
| Who has the power to veto? | The President |
| Who can override the veto? | Two-thirds of both the House and Senate |
| Time limit for veto | 10 days (excluding Sundays) |
| Type of veto | Pocket veto |
| Who has the power to veto in American Samoa? | Governor |
| Who can override the veto? | Legislature |
| Time limit for veto | 14 months |
| Who has the power to veto in Navajo Nation? | President |
| Type of veto | Package and line-item veto |
| Who has the power to veto in Estonia? | President |
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What You'll Learn
The US President's veto power
The president has several options when presented with a bill. They can choose to sign the bill into law within ten days (excluding Sundays). Alternatively, they can veto the bill by returning it to Congress with a statement of objections within the same timeframe. If the president takes no action on the bill within the ten-day period, it can become law automatically, or the president can use a ""pocket veto" if Congress adjourns before the ten days elapse. A pocket veto occurs when the president neither signs nor returns the bill, effectively blocking it from becoming law.
The veto power of the US president has been used throughout history, with the first exercise of this power by President George Washington in 1792. Since then, presidents have used their veto power to shape policy and express their objections to certain legislation. Congress does have the ability to override a presidential veto by a two-thirds vote in both the House and the Senate, demonstrating a system of checks and balances.
In addition to the US president, other officials in the US political system hold veto power. State and territorial governors, some mayors, and county executives also possess veto authority. Governors may have additional veto powers, including line-item, amendatory, and reduction vetoes, allowing them to strike or revise parts of a bill without rejecting it entirely.
The veto power is a crucial aspect of the US political system, providing a mechanism for the executive branch to exert influence over legislation. The president's veto power, in particular, plays a significant role in shaping the country's laws and policies.
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Veto powers in tribal governments
Veto powers are a check on the power of a government or a branch of government, most commonly the legislative branch. Tribal governments in the United States possess all powers of self-government except those relinquished under treaty with the federal government, those expressly extinguished by Congress, and those that federal courts have ruled are subject to federal law or inconsistent with federal policies.
The organizational document of a tribal government may consist of a formal constitution or articles of association that impose a modern structure. If a tribe does not create a formal instrument such as a constitution, it may submit organizational documents for approval by the US Secretary of the Interior. The founding document usually sets up a tripartite system of government, consisting of legislative, executive, and judicial branches.
The legislative branch of a tribal government, often known as a council, usually consists of members of the tribe who are elected by eligible voters. In most cases, the council creates laws, collects and allocates funds, and oversees the operations of the tribal executive branch. The chief executive of the tribe, often a chairperson, presides over the legislative and executive branches and is typically elected.
The constitutions of many Native American tribes contain an executive veto power over bills passed by the tribal council. For example, in the Navajo Nation government, the president has a package veto power as well as a line-item veto for budgetary matters. The line-item veto cannot be overridden, under the terms of a 2009 referendum. Additionally, some tribal constitutions adopted under the Indian Reorganization Act of 1934 give the Secretary of the Interior a veto power over tribal legislation.
Tribal governments also issue licenses for certain types of businesses on tribal lands, collect taxes, define who is considered a member of the tribe, and exclude people from access to tribal lands.
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Veto powers in the United Nations
The United Nations Security Council (UNSC) is a 15-member group within the UN tasked with maintaining international peace, and its resolutions are legally binding. The five permanent members of the UNSC—China, France, Russia, the United Kingdom, and the United States—have the power to veto any decision other than a "procedural" decision. The word "veto" is not used in the United Nations Charter, but the power of veto originates in Article 27, which states that decisions on all matters except procedural ones must be made by an affirmative vote of nine members, including the concurring votes of the permanent members.
The veto power has been widely criticized for fueling deadlock and protecting the geopolitical interests of the permanent members at the expense of global peace and security. Critics argue that the veto allows powerful nations to act with impunity, obstruct international justice, and undermine the UNSC's credibility. For example, the inability of the UNSC to take effective action in Rwanda in 1994 and Syria in 2011 are frequently noted as examples of the agency falling short of its intended purpose.
Since the UN's establishment in 1945, the veto has been used over 300 times, primarily by the US, Russia (or the Soviet Union), and, to a lesser extent, China, France, and the UK. The use of the veto by Russia and China has increased considerably since 2011, with the conflict in Syria accounting for most of these. The US has also used its veto power frequently to block resolutions critical of Israel.
The debate over veto reform continues to gain momentum as global power dynamics shift. While the veto was conceived to ensure major powers' participation in global peacekeeping, it is criticized for hindering the UNSC's ability to act in accordance with the majority's views. For example, when Russia invaded Ukraine in 2022, any UNSC resolutions meant to sanction or condemn Russia could be vetoed by Russia itself.
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Veto powers in the UK monarchy
In the United Kingdom, the monarch has the right to veto laws by withholding royal assent. This power is rarely used in modern times, with the last instance of a monarch vetoing a bill in the UK occurring in 1708. However, this power has been utilised more recently in colonial contexts, with nearly 400 laws adopted by American colonial legislatures being struck down by the king between 1696 and 1765.
The UK monarchy's veto power is a prerogative power, and its use is typically advised by the government. While the monarch has the right to refuse royal assent, it is generally regarded as a formality today, with the Crown following the convention of exercising its prerogative on the advice of parliament. This power is distinct from King's Consent and Prince's Consent, which are required for bills affecting the royal prerogative, personal property, and "personal interests" of the monarch.
The extent of the UK monarchy's veto power has been a subject of debate and concern due to its secretive nature. In 2013, secret papers revealed that at least 39 bills had been subject to the monarch's power to consent to or block new laws. This included legislation relating to decisions about military action, higher education, paternity pay, identity cards, and child maintenance. The Queen has used her veto power to block bills such as the Military Actions Against Iraq Bill in 1999 and has been consulted on bills impacting her interests, such as the Civil Partnership Act 2004.
The UK monarchy's veto power is not absolute and is subject to parliamentary oversight. While the monarch can withhold royal assent, it is done on the advice of ministers, and there is a growing call for greater transparency and accountability regarding the monarchy's role in lawmaking. Constitutional lawyers have described the monarchy's veto power as a "nuclear deterrent," highlighting the influence it holds in the legislative process.
In summary, while the UK monarchy possesses the power to veto laws, it is a rarely used reserve power that is advised by the government and subject to parliamentary scrutiny. The monarchy's veto power is a prerogative that has evolved over time, with the last instance of its use in the UK occurring over 300 years ago.
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Veto powers in US territories
In the United States, the president has the power to veto a bill passed by Congress, preventing it from becoming law. This power is outlined in Article 1, Section 7 of the US Constitution and was first exercised by President George Washington in 1792. Congress can override a presidential veto with a two-thirds vote in both chambers.
All state and territorial governors in the US also possess veto powers, including 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). These territorial governors have at least a package veto and a line-item veto, with some possessing additional veto powers such as amendatory and reduction vetoes. In Guam and the USVI, the governor's veto powers are defined by the territory's organic law, while in Puerto Rico, CNMI, and American Samoa, they are defined by their constitutions.
The power to veto legislation is an essential tool for executives in the legislative process, allowing them to influence policy and shape state laws. Governors also have budgetary powers, enabling them to use their line-item veto to remove appropriations they disagree with and shape the allocation of state resources.
It is worth noting that the British colonial government historically exercised veto power in the Thirteen Colonies, with the governor of each colony and the British monarch both holding absolute veto authority. This practice continued well after it ended in the United Kingdom in 1708, with nearly 400 laws passed by colonial legislatures being struck down by the king between 1696 and 1765. This heavy use of the veto was cited in the Declaration of Independence in 1776 as one of the grievances against the British crown.
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Frequently asked questions
The President of the United States has the power to veto laws.
If the President does not approve of a bill, they must return it to the House in which it originated within ten days (excluding Sundays). The President must also provide their objections to the bill. If two-thirds of the House then agree to pass the bill, it will be sent to the other House for reconsideration. If two-thirds of the other House also approve, the bill will become a law.
Yes, a veto can be overridden by a two-thirds vote of both the House and the Senate. However, some vetoes are absolute and cannot be overridden, such as the veto power of the five permanent members of the United Nations Security Council.
