Presidential Power: Vetoing Proposed Amendments

The President of the United States has the power to veto proposed bills, but this power does not extend to constitutional amendments. While the President can play a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification, their signature is not required for the submission of a constitutional amendment. The Congress, whenever two-thirds of both Houses deem it necessary, shall propose Amendments to the Constitution, which will become valid when ratified by three-fourths of the several States.

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The US Constitution does not outline a role for the President in amending it

Historically, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For instance, President George Washington sent the first twelve proposed amendments, encompassing the ten proposals that eventually became the Bill of Rights, to the states for ratification following Congressional approval. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment to abolish slavery, despite his signature not being necessary.

The Constitution outlines a specific process for proposing and ratifying amendments, which primarily involves Congress and the states. According to Article V of the Constitution, whenever two-thirds of both Houses of Congress deem it necessary, they shall propose amendments. Alternatively, on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments.

For an amendment to become valid and part of the Constitution, ratification by the legislatures of three-fourths of the states or by conventions in three-fourths of the states is required. The mode of ratification, whether through state legislatures or conventions, is proposed by Congress. This process underscores the absence of a formal role for the President in amending the Constitution.

While the President does possess veto power, it applies primarily to bills passed by Congress. The President can approve a bill by signing it, or veto it by returning it to the House of origin, presenting their objections. If two-thirds of both Houses then agree to pass the bill, it becomes a law, demonstrating the checks and balances in place to prevent unilateral executive action.

The President can play a ministerial role in transmitting Congress's proposed amendments to the states

The U.S. Constitution does not outline a specific role for the President in amending it. However, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. This role is considered informal and not a formal constitutional role.

For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after gaining Congress's approval. Similarly, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery, even though his signature was not necessary for the proposal or ratification of the amendment.

In the 1920 case of Hawke v. Smith, the Supreme Court held that the submission of a constitutional amendment did not require the action of the President. This was further evidenced when President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.

Therefore, while the President can play a ministerial role in transmitting Congress's proposed amendments to the states, their involvement is not a requirement in the process of amending the Constitution.

The President's signature is not required for the proposal or ratification of an amendment

According to Article V of the Constitution, the proposal of amendments falls within the purview of Congress. Whenever two-thirds of both Houses deem it necessary, they shall propose amendments, or upon the request of two-thirds of the state legislatures, Congress shall convene to propose amendments. These amendments become valid once ratified by three-fourths of the state legislatures or conventions.

While some Presidents, such as George Washington, have played a ministerial role in transmitting Congress's proposed amendments to the states for ratification, their involvement is not constitutionally mandated. In the 1920 case of Hawke v. Smith, the Supreme Court affirmed that the submission of a constitutional amendment does not necessitate the President's action. This stance was further supported by President Jimmy Carter's signing of a joint resolution to extend the deadline for ratifying the Equal Rights Amendment, despite being advised that his signature held no power.

Additionally, President Abraham Lincoln's signing of the joint resolution proposing the Thirteenth Amendment to abolish slavery exemplifies that the President's signature is not required for ratification. The Supreme Court has consistently maintained that the President has no formal constitutional role in the amendment process, as evidenced in the 1798 case of Hollingsworth v. Virginia.

In summary, while the President may have played an informal role in transmitting or supporting proposed amendments, their signature holds no legal weight in the proposal or ratification process. The power to amend the Constitution rests primarily with Congress and the state legislatures or conventions.

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The President can prevent a bill from becoming law by declining to sign it, known as a pocket veto

The U.S. Constitution outlines the President's role in the legislative process, including their veto power. While the President can propose amendments to Congress, they do not have a formal constitutional role in amending the Constitution. This is evidenced by the Supreme Court's decision in the 1798 case of Hollingsworth v. Virginia, where the Court held that the President "has nothing to do with the proposition".

The Constitution does, however, provide the President with the power to veto bills passed by Congress. If a bill is approved by Congress, it must be presented to the President for approval. The President then has the option to sign the bill into law or veto it. If the President chooses to veto the bill, they must return it to the House in which it originated, stating their objections. The House can then reconsider the bill, and if two-thirds of both the House and the Senate approve it, the bill becomes law despite the President's veto.

In certain circumstances, the President can prevent a bill from becoming law through a pocket veto. This occurs when Congress approves a bill and sends it to the President, but then adjourns for more than ten days before the bill's return. In such cases, the President can block the bill by simply declining to sign it. This is because the Constitution provides that bills not approved by the President shall not become law if congressional adjournment prevents their return.

The pocket veto has been upheld by the Supreme Court, which has explained that the Constitution's veto provisions serve two functions. Firstly, they ensure the President has a suitable opportunity to consider bills presented to them. Secondly, they safeguard the President's opportunity to return bills to Congress by preventing their automatic enactment during congressional adjournment.

While the President has the power to veto bills and prevent them from becoming law, this power does not extend to constitutional amendments. The Supreme Court has indicated that the President cannot veto a proposed amendment, as seen in the case of Hawke v. Smith (1920), where President Jimmy Carter signed a joint resolution despite being advised that his signature was unnecessary.

The President must have a suitable opportunity to consider the bills presented

The President of the United States has the power to veto bills passed by Congress. This power is derived from the Constitution, which states that every bill that has been passed by both the House of Representatives and the Senate must be presented to the President for approval. If the President approves of the bill, they sign it into law. However, if the President does not approve, they have the power to veto it by returning the bill to the House in which it originated, along with their objections. The House then has the opportunity to reconsider the bill and may choose to pass it again with a two-thirds majority vote. If this happens, the bill is sent to the other House, which can also approve it by a two-thirds majority, thereby overriding the President's veto.

While the President has the power to veto bills, it is important to note that they cannot veto constitutional amendments. The Supreme Court has articulated that the President has no formal constitutional role in the amendment process. This was established in the 1798 case of Hollingsworth v. Virginia, where the Court held that the Eleventh Amendment was "constitutionally adopted" without requiring the President's involvement.

Despite the lack of a formal role, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after Congress approved them. However, the President's signature is not necessary for the proposal or ratification of amendments. In the 1920 case of Hawke v. Smith, the Supreme Court affirmed this by stating that the submission of a constitutional amendment did not require the action of the President.

To ensure that the President has a suitable opportunity to consider the bills presented to them, the Constitution includes veto provisions. These provisions address situations where Congress approves a bill and sends it to the President, but then adjourns before the ten-day consideration period elapses. In such cases, the President can exercise a pocket veto by simply declining to sign the bill, effectively blocking it from becoming law. This power exists to safeguard the President's opportunity to consider and potentially veto legislation, as Congress cannot override a pocket veto. Instead, if they wish to pass the bill, they must reintroduce it and enact it again.

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