The process of a bill becoming a law is a complex one, and the president's veto power is a significant aspect of it. A veto is a legal authority to unilaterally stop an official action, most commonly exercised by a president or monarch to prevent a bill from becoming law. In the United States, the president has the authority to veto bills passed by Congress, and this power is derived from Article I, Section 7 of the Constitution. The veto serves as a check on the power of the legislative branch and is a key tool for the president to shape policy and prevent the passage of legislation that does not align with their agenda or viewpoint.
The president has ten days, excluding Sundays, to act on a bill passed by Congress. They can choose to sign it into law or veto it by returning it to Congress with a statement of objections. If the president does nothing within this period and Congress has not adjourned, the bill automatically becomes law. However, if Congress adjourns during the ten-day period, the president's inaction results in a pocket veto, an absolute veto that cannot be overridden.
When a bill is vetoed, Congress can attempt to override the veto by voting again on the bill. A two-thirds majority in both the Senate and the House is required to override a presidential veto and pass the bill into law, demonstrating the high bar for overcoming a veto.
Characteristics | Values |
---|---|
Who vetoes bills to become laws? | President or monarch |
How long does the president have to veto a bill? | 10 days (excluding Sundays) |
What is a regular veto? | The president returns the unsigned bill to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message." |
Can a regular veto be overridden? | Yes, by a two-thirds vote in both the Senate and the House |
What is a pocket veto? | 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 |
What You'll Learn
- The US President has 10 days to veto a bill
- A regular veto can be overridden by a two-thirds majority in both the Senate and the House
- A pocket veto cannot be overridden
- Presidents may threaten a veto to influence the content or passage of legislation
- The veto power can be traced back to the Roman Republic
The US President has 10 days to veto a bill
The President of the United States has the power to veto a bill and prevent it from becoming law. This is a significant tool that the President can use to shape the content of legislation. The President has 10 days, excluding Sundays, to act on a bill before it automatically becomes law. This period begins at midnight on the day the bill is presented to the President.
If the President vetoes a bill within the 10-day window, it is returned to the congressional chamber where it originated. This chamber can attempt to override the President's veto, but this requires a two-thirds majority vote in support of the bill. If this attempt is successful, the bill then moves to the other chamber, which must also vote by a two-thirds majority to override the veto. Only if both chambers vote to override does the bill become law, despite the President's veto.
If the President does not act on a bill within the 10-day period, it becomes law without the President's signature. However, this does not apply if Congress has adjourned during this time, in which case a "pocket veto" occurs. A pocket veto is a legislative manoeuvre that allows the President to veto a bill by taking no action on it, effectively killing the bill without affirmatively vetoing it. A pocket veto cannot be overridden by Congress.
The power to veto a bill is one of the most significant tools at the President's disposal to influence legislation. It is a key aspect of the legislative process and can lead to negotiations and changes in the content of bills before they are presented to the President for signature.
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A regular veto can be overridden by a two-thirds majority in both the Senate and the House
The President of the United States has the authority to veto legislation passed by Congress. This authority is one of the most significant tools the President can employ to prevent the passage of legislation. The Constitution provides the President with 10 days (excluding Sundays) to act on legislation or the legislation automatically becomes law.
There are two types of vetoes: the "regular veto" and the "pocket veto." The regular veto is a qualified negative veto. The President returns the unsigned legislation to the originating house of Congress within a 10-day period, usually with a memorandum of disapproval or a "veto message." Congress can override the President's decision if it musters the necessary two-thirds vote of each house. President George Washington issued the first regular veto on April 5, 1792. The first successful congressional override occurred on March 3, 1845, when Congress overrode President John Tyler's veto of S. 66.
The pocket veto is an absolute veto that cannot be overridden. The veto becomes effective when the President fails to sign a bill after Congress has adjourned and is unable to override the veto. The authority of the pocket veto is derived from the Constitution's Article I, section 7, "the Congress by their adjournment prevent its return, in which case, it shall not be law." Over time, Congress and the President have clashed over the use of the pocket veto, debating the term "adjournment." The President has attempted to use the pocket veto during intra- and inter-session adjournments, but the Legislative Branch, backed by modern court rulings, asserts that the Executive Branch may only pocket veto legislation when Congress has adjourned sine die from a session. President James Madison was the first President to use the pocket veto in 1812.
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A pocket veto cannot be overridden
A pocket veto is a legislative manoeuvre that allows a president or other official with veto power to exercise that power over a bill by taking no action. This inaction kills the bill without the president or official needing to affirmatively veto it.
In the United States, the Constitution grants the president ten days to review a bill passed by Congress. If the president does not sign the bill within ten days, it becomes law without their signature. However, if Congress adjourns during this ten-day period, the bill does not become law. The president's inaction on the legislation, while Congress is adjourned, represents a pocket veto.
The pocket veto is an absolute veto that cannot be overridden. This is because the House and Senate are not in session and therefore unable to act on the rejection of their legislation. The authority for the pocket veto is derived from Article I, Section 7 of the U.S. Constitution, 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 pocket veto is distinct from the "regular veto", which is a qualified negative veto. In the case of a regular veto, 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". Congress can override the president's decision if it musters a two-thirds vote of each house.
The pocket veto is sometimes used to describe situations where either one person or a small group can override the will of a much larger group without consequence.
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Presidents may threaten a veto to influence the content or passage of legislation
The President of the United States has the authority to veto legislation passed by Congress, and this is one of the most significant tools the President can use to prevent the passage of legislation. Even the threat of a veto can bring about changes in the content of legislation long before the bill is ever presented to the President.
Occasionally, a president may threaten Congress with a veto to influence the content or passage of legislation. While there is no record of what constitutes a "veto threat" or how many have been made over the years, it has become a staple of presidential politics and a sometimes effective way of shaping policy. A president may also warn Congress of a veto of a particular bill to persuade Congress not to waste time passing particular legislation or including certain provisions in a bill when the president is prepared to veto it.
For example, President Trump had previously expressed his opposition to the Countering America's Adversaries Through Sanctions Act and suggested he might veto the bill. However, he ultimately signed the bill into law for the sake of national unity.
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The veto power can be traced back to the Roman Republic
The institution of the veto, known to the Romans as the intercessio, was adopted by the Roman Republic in the 6th century BC to enable the tribunes to protect the mandamus interests of the plebeians (common citizenry) from the encroachments of the patricians, who dominated the Senate. A tribune's veto did not prevent the senate from passing a bill but meant that it was denied the force of law. The tribunes could also use the veto to prevent a bill from being brought before the plebeian assembly.
The consuls, who were executives elected by the Senate to serve one-year terms, also had the power of veto, as decision-making generally required the assent of both consuls. If they disagreed, either consul could invoke the intercessio to block the action of the other. When the Roman Empire was established after 30 BC, the emperors had ultimate veto power over the Senate.
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Frequently asked questions
In the United States, the president has the power to veto a bill passed by Congress and prevent it from becoming law.
The veto power is one of the most significant tools available to the president to prevent the passage of legislation that does not align with their viewpoint or agenda.
There are two main types of vetoes: the "regular veto" and the "pocket veto." A regular veto occurs when the president returns the unsigned bill with a memorandum of disapproval, which can be overridden by a two-thirds vote in both the Senate and the House. A pocket veto, on the other hand, happens when Congress adjourns during the ten-day period after a bill is presented to the president, making it impossible for the bill to be returned to Congress.
Yes, a regular veto can be overridden if both the Senate and the House pass the bill again with a two-thirds majority. However, a pocket veto cannot be overridden, and a new bill must be introduced if Congress still wants the legislation enacted.
The presidential veto power has been used numerous times throughout history, with some presidents, such as Franklin D. Roosevelt, vetoing more bills than others. The number of vetoes varies depending on the president's term and their political agenda.