Simone Lawson
Vetoes are a legal power to unilaterally stop an official action, and they are often established in a country's constitution. There are two types of vetoes: the regular veto and the pocket veto. The former is a qualified negative veto, where the president returns unsigned legislation to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a veto message. The latter can only occur after a session of Congress has adjourned and cannot be overridden by Congress. The US Constitution also briefly enacted a third type of veto in the 1990s, called a line-item veto, but it was declared an unconstitutional violation of the separation of powers by the Supreme Court.
| Characteristics | Values | |
|---|---|---|
| Type of Veto | Regular Veto, Pocket Veto | |
| Description | A qualified negative veto, where 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." | A veto that can only occur after a session of Congress has adjourned and cannot be overridden by Congress. |
| Override | Possible, with a two-thirds vote of each chamber of Congress | Not possible, as Congress has adjourned |
| Time Limit | 10 days (excluding Sundays) to act on legislation or it automatically becomes law | N/A |
| Return of Bill | Must be returned to the originating house of Congress | No return necessary, as Congress has adjourned |
| Example | Most presidential vetoes are regular vetoes | Examples include the Grant disputed pocket veto and H.R.4476 (44th Congress) |
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What You'll Learn
The US Constitution's two veto types: 'regular' and 'pocket'
The US Constitution, in Article I, Section 7, grants the President the authority to veto legislation passed by Congress. This authority is one of the President's most significant tools for preventing the passage of legislation. The veto power has two types: the "regular veto" and the "pocket veto".
Regular Veto
The regular veto is a qualified negative veto. The President returns the unsigned legislation, usually with a memorandum of disapproval or a "veto message", to the originating house of Congress within 10 days. Congress can override the President's decision if it musters a two-thirds vote in each house.
Pocket Veto
The pocket veto can only occur after a session of Congress has adjourned and cannot be overridden by Congress. The President can delay signing a bill until after the legislature has adjourned, effectively killing the bill without a formal veto and without the possibility of an override. 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 Congress has denied this use of the veto. 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.
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'Regular' vetoes: a qualified negative veto
A "regular veto" is a case in which the President returns a bill to Congress (to the House in which it originated). The President has ten days (excluding Sundays) to act on the legislation, otherwise, it automatically becomes law. The veto may be overridden by a two-thirds vote of both Houses of Congress. The President usually returns the unsigned legislation within this ten-day period, accompanied by a memorandum of disapproval or a "veto message".
The Constitution also specifies that if Congress has adjourned before the ten days are up, the President's failure to sign the bill results in what is known as a "pocket veto". In this case, the legislation does not become law, and the bill is effectively killed without a formal veto and without the possibility of an override. The "pocket veto" is derived from Article I, Section 7 of the Constitution, which states that "the Congress by their adjournment prevent its return, in which case, it shall not be law".
The "regular veto" is a qualified negative veto, which means that it can be overridden by Congress. This is in contrast to an absolute veto, which cannot be overridden. The concept of the veto was conceived by republicans in the 18th and 19th centuries as a counter-majoritarian tool to limit the power of a legislative majority. The veto power is one of the most significant tools the President can employ to prevent the passage of legislation. Even the threat of a veto can bring about changes to legislation before it is presented to the President.
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'Pocket' vetoes: what they are and when they can be used
A "pocket veto" is a type of veto that can be used by the president of the United States. It occurs when the president does not return legislation to Congress and instead simply does not act on it. This can only happen after a session of Congress has adjourned, and it cannot be overridden by Congress. The authority for the pocket veto comes from Article I, Section 7 of the US Constitution, which states that if Congress adjourns before the president returns a bill, it cannot become law.
The pocket veto is a powerful tool for the president to prevent the passage of legislation. By delaying signing a bill until after Congress has adjourned, the president can effectively kill the bill without having to issue a formal veto. This is because the bill cannot be returned to Congress once it has adjourned, and it cannot become law without the president's signature.
The use of the pocket veto has been a source of contention between Congress and the president. There have been debates over the meaning of the word "adjournment" in the Constitution and whether the president can use the pocket veto during intra-session or inter-session adjournments. The Legislative Branch, backed by modern court rulings, has asserted that the Executive Branch may only use the pocket veto when Congress has adjourned sine die from a session.
The first president to use the pocket veto was James Madison in 1812. Since then, there have been several notable instances of presidents using the pocket veto to block legislation. For example, in 1990, President George H. W. Bush withheld his signature from two measures during intrasession recess periods, effectively vetoing them.
In addition to the US president, the president of Liberia also has the power of a pocket veto under Article 35 of the 1986 Constitution. This allows the Liberian president to veto either the entire bill or parts of it, and the legislature must then repass it with a two-thirds majority of both houses.
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The history of the French royal veto
The concept of a "veto" refers to the legal power to unilaterally stop an official action, typically by a president or monarch. Many countries establish veto powers in their constitutions.
In the context of the French monarchy, the royal veto was a highly debated topic following the French Revolution of 1789. The revolution, which lasted until 1799, witnessed republicans overthrowing the Bourbon monarchy and restructuring the Catholic Church in France. During this tumultuous period, the nature of the king's veto power was a subject of intense discussion, with various proposals advocating for different versions of the royal veto.
The options considered during the debates in 1789 included an "absolute veto," which would not be subject to override by the Assembly or the people, a "suspensive veto" that could be overridden, and a "negative option" that would deny the king any direct role in legislation. The concept of an absolute veto was controversial, as some viewed it as a threat to the balance of government, while others considered it essential for the monarch to be an integral part of legislation.
With the adoption of the French Constitution of 1791, King Louis XVI's absolute veto power was curtailed, and he was granted the authority to issue a suspensive veto. This meant that his veto could be overridden by a majority vote in two successive sessions of the Legislative Assembly, a process that would typically take four to six years. However, the monarchy was abolished in 1792, rendering the question of the French royal veto moot.
The evolution of the French royal veto during this period reflects the complex dynamics between the monarchy and the emerging republican ideals in post-revolutionary France. The debate surrounding the veto power highlighted the ongoing negotiations and power struggles between the king and the Legislative Assembly, shaping the country's political landscape during this transformative era.
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Veto powers of the President of Liberia
The President of Liberia is the head of state and government of Liberia and serves as the leader of the executive branch and as commander-in-chief of the Armed Forces of Liberia. The President is directly elected by eligible voters to a six-year term, which may be renewed once.
The President of Liberia has package, line item, and pocket veto powers under Article 35 of the 1986 Constitution. The President has twenty days to sign a bill into law, but may veto either the entire bill or parts of it, after which the Legislature must re-pass it with a two-thirds majority of both houses. If the President does not sign a bill within twenty days and the Legislature adjourns, the bill fails. The President may also exercise a pocket veto by refusing to sign legislation when the end of the twenty-day deadline for signing the bill falls during a recess of the legislature.
The legislative power of the Republic of Liberia is vested in the Legislature, which consists of two separate houses: the Senate and the House of Representatives. Both houses must pass all legislation, which is then laid before the President for approval. If the President does not approve, they must return it, with their objections, to the House in which it originated. This veto may be overridden by a two-thirds majority in both houses.
The veto power is a legal power to unilaterally stop an official action, typically used by a president or monarch to veto a bill and prevent it from becoming law. Veto powers are established in the country's constitution and can also be found at other levels of government, such as state, provincial, or local government, and in international bodies. Some vetoes can be overcome by a supermajority vote, while others are absolute and cannot be overridden.
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Frequently asked questions
The two types of vetoes in the constitution are the "regular veto" and the "pocket veto".
A regular veto is a qualified negative veto. The president returns unsigned legislation to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message". Congress can override the president's decision with a two-thirds vote of each house.
A pocket veto occurs when the president does not return legislation to Congress but simply does not act. It can only occur after a session of Congress has adjourned and cannot be overridden by Congress.
In 1812, President James Madison became the first president to use the pocket veto.
