Omar Bennett
The power to veto is a key feature of presidential and semi-presidential systems, with stronger veto powers generally indicating stronger presidential powers. In the US, the president has the authority to veto legislation passed by Congress, which is one of the most significant tools available to the president to prevent the passage of legislation. This power is granted by Article I, Section 7 of the Constitution. The president must return the unsigned bill to the house of Congress within ten days (excluding Sundays) and can include a veto statement outlining their reasons for doing so. There are two types of vetoes: the regular veto and the pocket veto. The latter is an absolute veto that cannot be overridden and comes into effect when the president fails to sign a bill after Congress has adjourned.
| Characteristics | Values |
|---|---|
| Who can exercise the veto power? | President, State or territorial governors, Mayors, County executives, Monarchs |
| What is the purpose of a veto? | To unilaterally stop an official action, typically to prevent a bill from becoming a law |
| What are the limitations of a veto? | Vetoes can be absolute or limited by subject matter; some vetoes can be overridden by a supermajority vote |
| What is a pocket veto? | When a president blocks legislation by declining to sign it, preventing it from becoming a law |
| What is a line-item veto? | When a president can veto individual items of budgeted expenditures from appropriations bills instead of vetoing the entire bill |
| What is a legislative veto? | A veto power exercised by a legislative body, such as the legislature or one chamber of a bicameral legislature |
| What is a constitutional veto? | A veto that only allows the executive to veto bills that are unconstitutional |
| What is a policy veto? | A veto that can be used when the executive disagrees with a bill on policy grounds |
| Where is veto power established? | In the country's constitution or in other levels of government, such as state or local government |
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What You'll Learn
The US Constitution and vetoes
The US Constitution grants the President the authority to veto legislation passed by Congress. This authority, derived from Article I, Section 7 of the Constitution, is a significant tool for the President to prevent or influence the passage of legislation. The President has 10 days, excluding Sundays, to act on a bill, after which it automatically becomes law if not vetoed. This is known as a "regular veto" or "qualified negative veto", where the President returns the unsigned bill with a memorandum of disapproval or a "veto message".
The US Constitution also provides for a ""pocket veto", an absolute veto that cannot be overridden. This occurs when the President fails to sign a bill after Congress has adjourned, preventing its return and effectively vetoing it. The pocket veto authority stems from Article I, Section 7, which states that "the Congress by their adjournment prevent its return, in which case, it shall not be law." The Supreme Court has clarified that the Constitution's veto provisions serve two functions.
The veto power in the US has its historical roots in the colonial era, when the British colonial government exercised two forms of veto: an absolute veto held by the governor of each colony (except Connecticut, Maryland, and Rhode Island), and another by the British monarch, often through the Board of Trade. This power was derived from the monarch's ability to deny royal assent, which continued to be used in the colonies long after it ended in Britain. The Declaration of Independence in 1776 cited the monarch's refusal to assent to laws as a reason for independence.
At the state and local levels, the US Constitution grants veto power to state governors and, in some cases, mayors and county executives. State governors typically have additional veto powers, including line-item, amendatory, and reduction vetoes. Mayors in larger cities often have stronger veto powers, with some cities requiring a two-thirds majority in the council to override the mayor's veto.
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Presidential vetoes
The presidential veto is a significant power granted to the president by the US Constitution to prevent the passage of legislation. This authority is derived from Article I, Section 7 of the Constitution, which outlines the process for the president's approval or veto of bills. When a bill is passed by both houses of Congress, it must be presented to the president for approval. The president has ten days, excluding Sundays, to act on the legislation; otherwise, it automatically becomes law.
The presidential veto can be exercised in two ways: the "regular veto" and the "pocket veto." The regular veto is a qualified negative veto, where the president returns the unsigned bill, along with a memorandum of disapproval or a "veto message," to the originating house of Congress within ten days. Congress can override this veto if a two-thirds majority vote is achieved in both houses. The pocket veto, on the other hand, is an absolute veto that comes into effect when Congress adjourns before the ten-day period elapses. In this case, the president can prevent the bill from becoming law by simply not signing it. However, once a bill is vetoed through the pocket veto, Congress cannot override it. Instead, they must reintroduce the bill and pass it again.
The concept of the veto originated from the principle of royal assent, where a monarch's consent was required for bills to become law. This was seen in the British colonial government in the Thirteen Colonies, where both the governor of each colony and the British king held absolute veto powers. The use of the veto has evolved over time, with most modern vetoes serving as a check on the power of the government or a specific branch of government, particularly the legislative branch.
While the presidential veto is a powerful tool, it is not without limitations. The Supreme Court has ruled on the scope of the veto power, such as in the case of Clinton v. City of New York (1998), where the Court declared the line-item veto unconstitutional as it violated the separation of powers doctrine. Additionally, the veto message itself does not carry much direct weight in the American legal system, as it is not considered during the subsequent implementation or judicial interpretation of the law if Congress overrides the veto.
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Vetoes in other countries
In the United States, the President has the authority to veto legislation passed by Congress, as per Article I, Section 7 of the Constitution. This authority is one of the most significant tools available to the President to prevent the passage of legislation. There are two types of vetoes in the US: the "regular veto" and the "pocket veto". The former is a qualified negative veto, where the President returns the unsigned legislation to Congress within ten days, along with a memorandum of disapproval or a "veto message". Congress can override this type of veto if it musters a two-thirds vote in each house. The latter, the "pocket veto", is an absolute veto that cannot be overridden. It comes into effect when the President fails to sign a bill after Congress has adjourned and is unable to override the veto.
In the United Kingdom, the monarch has the power to veto legislation by withholding royal assent, although this is rarely used. The UK is also one of the five permanent members of the United Nations Security Council, which have an absolute veto over Security Council resolutions, except for procedural matters. The other permanent members are China, France, Russia, and the United States.
In Estonia, the President can effectively veto a law adopted by the Riigikogu (legislature) by sending it back for reconsideration within 14 days of receiving it. The Riigikogu can override this veto by passing the unamended law again with a simple majority. After such an override, the President may request that the Supreme Court declare the law unconstitutional.
Some other European countries where the executive or head of state does not have veto power include Slovenia and Luxembourg, which abolished the power to withhold royal assent in 2008.
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Vetoes at a state and local level
In the United States, the president may veto bills passed by Congress, and Congress may override the veto by a two-thirds vote of each chamber. A line-item veto was briefly enacted in the 1990s, but the Supreme Court ruled it unconstitutional, stating that it violated the separation of powers doctrine.
At the state level, all 50 state governors have a full veto, similar to the presidential veto. Many state governors also have additional kinds of vetoes, such as amendatory, line-item, and reduction vetoes. Gubernatorial veto powers vary in strength. The president and some state governors have a "pocket veto", which allows them to delay signing a bill until after the legislature has adjourned, effectively killing the bill without a formal veto or the possibility of an override.
In addition to gubernatorial vetoes, some mayors and county executives also have veto power. Mayors in a mayor-council government often have a veto power over local ordinances passed by the city council. In most cases, a two-thirds requirement is needed to override a mayoral veto, although some cities, like Louisville and New York City before 1853, only required a simple majority vote to override the mayor's suspensive veto.
Historically, in the Thirteen Colonies, the British colonial government exercised two forms of veto: an absolute veto held by the governor of each colony (except for Connecticut, Maryland, and Rhode Island), and another absolute veto held by the British king, typically acting through the Board of Trade. Both vetoes were derived from the monarch's power to deny royal assent. This power was used extensively in the colonies, with the king striking down nearly 400 laws between 1696 and 1765. The heavy use of the veto power was included in the Declaration of Independence in 1776 as one of the grievances against the king.
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History of vetoes
The history of vetoes can be traced back to the 17th and 18th centuries in the Polish–Lithuanian Commonwealth, where any legislator could invoke the liberum veto, not only vetoing a bill but also nullifying all previous legislation passed during that session and dissolving the legislative session itself. The concept of "Polish democracy" meant that any Pole of noble birth could exercise this power, which ultimately led to the partitioning and dissolution of the Polish state in the late 18th century.
The modern executive veto is derived from the European institution of royal assent, where the monarch's consent was required for bills to become law. In the Thirteen Colonies, the British colonial government exercised two forms of veto: an absolute veto by the governor of each colony (except for Connecticut, Maryland, and Rhode Island) and another by the British king, typically through the Board of Trade. From 1696 to 1765, the king vetoed nearly 400 laws approved by American colonial legislatures, and this heavy-handed use of the veto was included in the Declaration of Independence in 1776.
In the United States Constitution, Article I, Section 7 grants the president the authority to veto legislation passed by Congress within a 10-day period, returning it to the originating house with a statement of objections. This is a significant tool for the president to prevent or influence legislation, even before a bill is presented. The president can also issue a "pocket veto," where a bill fails to become law if Congress adjourns before the tenth day, making it impossible for Congress to override the veto. The first regular veto was issued by President George Washington on April 5, 1792, and the first successful congressional override occurred on March 3, 1845, when Congress overrode President John Tyler's veto.
Mayoral veto powers became more common in the US, particularly after 1850, as the role of mayors strengthened and they were increasingly elected independently. Some states also grant veto power to county executives, and Arkansas adopted a constitutional amendment in 1974 that gave all county judges a veto power.
While the term "veto" is not in the US Constitution, the president's power to prevent an act of Congress from becoming law is a significant aspect of the country's political system and has been a staple of presidential politics.
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Frequently asked questions
A veto is a power that allows an executive to prevent a proposal from becoming law.
A "pocket veto" is an absolute veto that cannot be overridden. It occurs when a president fails to sign a bill after Congress has adjourned and is unable to override the veto.
A "regular veto" is a qualified negative veto. The president returns the unsigned legislation to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message".
A "line-item veto" allows the president to veto individual items of budgeted expenditures from appropriations bills instead of vetoing the entire bill and sending it back to Congress.
A "legislative veto" is a veto power exercised by a legislative body. It can be used by the legislature against an action of the executive branch, or by one chamber of a bicameral legislature against another.
