Malcolm Rivera
The President of the United States has the authority to veto legislation passed by Congress, as outlined in Article I, Section 7 of the Constitution. This power allows the President to prevent the passage of legislation by objecting to a bill or resolution. When a President wishes to veto a bill, they typically send it back to Congress with a message explaining their objections, known as a direct veto. The President has a 10-day review period to act on the legislation, after which it automatically becomes law if no action is taken. If the President withholds their signature during this period and Congress adjourns, it is considered a pocket veto, and the bill does not become law. The President's veto power is a significant tool that can influence the content of legislation and shape policy decisions.
| Characteristics | Values |
|---|---|
| Who can veto? | The President |
| What can be vetoed? | A bill or resolution |
| Time limit to veto | 10 days (excluding Sundays) |
| Types of veto | Regular, pocket |
| What happens after a regular veto? | Congress can override the President's decision if two-thirds of both houses approve the bill |
| What happens after a pocket veto? | Cannot be overridden; the bill must be reintroduced and enacted again |
| Official way to warn Congress about intention to veto | Statement of Administration Policy |
| Clause in Constitution | Article I, Section 7 |
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What You'll Learn
The President's authority to veto
Article I, Section 7 of the Constitution outlines the President's veto power. When Congress approves a bill, it is sent to the President. The President then has ten days (excluding Sundays) to act. The President can either sign the bill into law or return it to the originating House of Congress with a memorandum of disapproval, or a "'veto message'". If the President takes no action during this period, the bill becomes law without their signature.
If the President returns a bill, Congress can override the veto if two-thirds of both the House and the Senate approve the bill a second time. However, if Congress adjourns at any point during the ten-day review period and the President has not signed the bill, it is considered a "pocket veto". In this case, the bill does not become law, and Congress cannot override the veto. Instead, the legislation must be reintroduced and enacted again.
The pocket veto has been a source of contention between Congress and the President, with debates over the interpretation of "adjournment". The Supreme Court has explained that the veto provisions in the Constitution serve two functions: to ensure the President has a suitable opportunity to consider bills, and to ensure Congress has a suitable opportunity to consider the President's objections and pass the bill over their veto.
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Congressional override
In the United States, the President has the power to veto a bill passed by Congress to prevent it from becoming law. This power is defined in Article 1, Section 7 of the US Constitution. When a bill is passed by both houses of Congress, it is presented to the President for approval. If the President does not approve of the bill, they have the option to veto it by returning it unsigned to the House in which it originated within ten days, excluding Sundays. The President must also provide written objections to the bill, which Congress is required to consider.
However, Congress has the power to override a presidential veto. To do so, both chambers of Congress must pass the bill again with a two-thirds majority vote in each house. If Congress successfully overrides the veto, the bill becomes law without the President's signature. Historically, Congress has overridden approximately 7% of presidential vetoes.
It is important to note that if Congress adjourns before the ten-day review period allowed by the Constitution elapses, the President can exercise a ""pocket veto". In this case, the President can prevent the bill from becoming law by simply declining to sign it, and Congress cannot override the veto. The Supreme Court has interpreted the Constitution's veto provisions as serving two functions: ensuring the President has a suitable opportunity to consider bills and safeguarding the President's opportunity to veto.
The process of a Congressional override of a presidential veto is a crucial check and balance in the US legislative process, ensuring that neither the executive nor legislative branch has absolute power over law-making.
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Types of vetoes
The veto power is defined in Article 1, Section 7 of the US Constitution. There are two main types of vetoes: the "regular veto" and the "pocket veto".
Regular Veto
A 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. The first regular veto was issued by President George Washington on April 5, 1792.
Pocket Veto
A pocket veto occurs when the President blocks legislation by neither signing a bill nor returning it to Congress with their objections within a 10-day review period, during which Congress adjourns. In this case, the bill does not become law. The pocket veto cannot be overridden by Congress. The first pocket veto was used by President James Madison in 1812.
Other Types of Vetoes
Other types of vetoes include the amendatory veto, which returns legislation to the legislature with proposed amendments, and the package veto, which exists in countries like Mexico and Uzbekistan. In certain political systems, a particular body may also exercise a veto over candidates for an elected office, which may be referred to as "vetting". Vetoes can also be classified by the branch of government that enacts them, such as an executive veto, legislative veto, or judicial veto.
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Vetoes and adjournment
The President of the United States has the authority to veto legislation passed by Congress, as outlined in Article I, Section 7 of the Constitution. This power is one of the most significant tools at the President's disposal to prevent the passage of legislation. Even the threat of a veto can lead to changes in the content of a bill before it reaches the President.
The veto process begins when a bill that has been approved by Congress is presented to the President. The President then has ten days (excluding Sundays) to act on the legislation. The President can either sign the bill into law or return it to the House of its origination with a veto message explaining their objections. If the President fails to act within the ten-day period, the bill automatically becomes law without their signature.
However, if Congress adjourns before the ten days elapse, the President can use a "pocket veto" to prevent the bill from becoming law. A pocket veto occurs when the President withholds their signature during the review period and Congress adjourns before the bill can be returned. In this case, the bill does not become law, and Congress must reintroduce and enact the legislation again. The pocket veto is an absolute veto that cannot be overridden.
The term "adjournment" in the context of the pocket veto has been a source of contention between Congress and the President. The Legislative Branch, supported by modern court rulings, maintains that the Executive Branch can only use the pocket veto when Congress has adjourned sine die from a session. There have been instances where the President has returned a bill during an adjournment, and the Court has ruled that such a procedure complies with constitutional provisions as long as there is no indefinite period of uncertainty over the outcome.
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Vetoes and the Supreme Court
The Supreme Court has explained that the Constitution's veto provisions serve two functions. Firstly, they ensure that the President has a suitable opportunity to consider the bills presented to him. Secondly, they safeguard the President's opportunity to prevent bills he does not approve of from becoming law if the adjournment of Congress prevents their return.
In 1929, in The Pocket Veto Case, the Court held that the President could not return a bill to the Senate when Congress adjourned its first session fewer than ten days after presenting the bill to the President. The Court declined to limit the word adjournment to final adjournments, instead interpreting it as referring to any occasion on which a house of Congress is not in session.
In 1938, in Wright v. United States, the Court held that the President's return of a bill to the Secretary of the Senate on the tenth day after presentment, during a three-day adjournment by the originating Chamber only, was an effective return. The Court reasoned that the pocket veto clause referred to an adjournment of the Congress, and in this case, only the Senate, the originating body, had adjourned. The Court observed that the Senate continued to function during the adjournment and was able to receive the bill.
In 1983, the Supreme Court struck down the one-house legislative veto, ruling that it violated the Constitutional requirement of bicameralism and the separation of powers doctrine. In Immigration and Naturalization Service v. Chadha, the Court considered a case in which the Attorney General had found that deporting a stateless person would result in extreme hardship, and the House had vetoed the Attorney General's decision. The Court held that a legislative veto on the part of one chamber of the legislature was unconstitutional.
In 1996, President Bill Clinton signed the Line Item Veto Act, which allowed the president to veto individual items of budgeted expenditures from appropriations bills. However, in 1998, the Supreme Court ruled 6-3 to declare the line-item veto unconstitutional, finding that it violated the separation of powers doctrine by allowing the president to act as a legislator.
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Frequently asked questions
A veto is when a President objects to a bill or resolution.
There are two types of vetoes: the "regular veto" and the "pocket veto".
A 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".
A pocket veto occurs when the President withholds their signature during the 10-day review period allowed by the Constitution and Congress adjourns during that period. In this case, the bill doesn't become a law.
Yes, Congress can override a veto if it musters the necessary two-thirds vote of each house. However, a pocket veto is an absolute veto that cannot be overridden.
