Eleanor Finch
The United States Constitution, which came into effect on March 4, 1789, grants the President the authority to veto legislation passed by Congress. This authority, also known as the revisionary power, is one of the most significant tools at the President's disposal to prevent the passage of legislation. The Constitution provides the President with 10 days (excluding Sundays) to act on legislation, after which the legislation automatically becomes law if left unsigned. The veto power was first exercised on April 5, 1792, by President George Washington, who vetoed a bill outlining a new apportionment formula.
| Characteristics | Values |
|---|---|
| Date of enactment | March 4, 1789 |
| Type of veto power | Not absolute, with limits |
| Who does it apply to | The President of the United States |
| Time limit | 10 days (excluding Sundays) |
| Requirements | President must state objections in writing |
| Types of vetoes | Regular veto, pocket veto |
| First use | April 5, 1792, by President George Washington |
| First override | March 3, 1845, during the presidency of John Tyler |
Explore related products
$9.99 $9.99
What You'll Learn
Presidential veto power
The presidential veto power is described in Article I, Section 7 of the US Constitution. This authority grants the President the power to veto legislation passed by Congress, acting as a counter-majoritarian tool to limit the power of a legislative majority. The veto power was first exercised on April 5, 1792, by President George Washington, who vetoed a bill outlining a new apportionment formula.
The Constitution provides the President with 10 days (excluding Sundays) to act on legislation; if no action is taken, 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, where the President returns the unsigned legislation to the originating house of Congress within 10 days, usually accompanied by a memorandum of disapproval or a "veto message." Congress can override this veto if it musters a two-thirds vote in each house.
The pocket veto, on the other hand, 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 Congress is unable to override the veto. The authority for this type of 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 veto power is not an absolute power, and it is subject to certain limitations. For instance, the President's objections to a bill must be stated in writing, and Congress is required to consider and reconsider the legislation. The veto power is intended as a check on the power of the government or a specific branch, typically the legislative branch.
War and Elections: A Dangerous Mix
You may want to see also
State and territorial veto power
The United States Constitution, which came into effect on March 4, 1789, granted veto power to the President of the United States. This power is one of the most significant tools at the President's disposal to prevent the passage of legislation. The President has ten days, excluding Sundays, to act on legislation, or it automatically becomes law. There are two types of vetoes: the "regular veto" and the "pocket veto".
The history of veto power in the United States dates back to the Thirteen Colonies, where 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 exercised by the British monarch, often through the Board of Trade. This power was derived from the monarch's ability to deny royal assent. After independence, most state constitutions did not initially include a gubernatorial veto. However, over time, states like Massachusetts and New York introduced qualified vetoes, which allowed for the veto to be overridden by a two-thirds vote of the legislature.
Today, the veto power of state and territorial governors is an essential aspect of the legislative process, allowing them to shape policy and protect the interests of their constituents.
Democracy vs Republic: Understanding the Key Differences
You may want to see also
Tribal government veto power
The United States Constitution, which came into effect on March 4, 1789, grants the President 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 accompanied by 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 pocket veto, on the other hand, 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. The veto power continued to be very rarely used until the presidency of Andrew Jackson, who vetoed 12 bills.
In the context of tribal government veto power, it is important to note that the constitutions of many Native American tribes contain an executive veto power over bills passed by the tribal council. For example, in the Navajo Nation government, the president has a package veto power as well as a line-item veto for budgetary matters. The line-item veto cannot be overridden, as per a 2009 referendum. Additionally, some tribal constitutions adopted under the Indian Reorganization Act of 1934 give the Secretary of the Interior a veto power over tribal legislation.
The United States recognizes 574 tribal nations, 229 of which are in Alaska. While tribal sovereignty is dependent on and subordinate to the federal government, tribal nations possess inherent power over their internal affairs and civil authority over non-members on fee-simple lands within their reservations. Tribal authority on Indian land is organic and not granted by the states in which Indian lands are located. The federal government has a duty to protect the tribes, implying the necessary legislative and executive authorities to carry out that duty.
In summary, while not all tribal governments have veto power, many do, and it is recognized as an important aspect of tribal sovereignty in the United States.
The Texas Constitution: A Unique Blend of Power and Principles
You may want to see also
Explore related products
Legislative presiding officer veto power
The United States Constitution, which came into effect on March 4, 1789, grants veto power to the President. This power is outlined in Article I, Section 7 of the Constitution, which states that the President has the authority to veto legislation passed by Congress within ten days (excluding Sundays) of its enactment. If the President fails to act within this period, the bill automatically becomes law. This veto power is not an absolute veto, as Congress can override a veto with a two-thirds vote of each house. Additionally, the President's objections to the bill must be stated in writing.
While the President's veto power is well-defined in the Constitution, the legislative presiding officer's veto power is less clear. The President of the Continental Congress, a position not completely analogous to a chief executive, lacked veto power. However, there were three exceptions: South Carolina, Massachusetts, and New York. South Carolina initially provided for an absolute veto, but this was later revoked. The Massachusetts constitution of 1780 and the New York constitution of 1777 provided for qualified vetoes that could be overridden by a two-thirds vote of each chamber of the legislature.
The term "legislative presiding officer" can also refer to state and territorial governors, who possess veto power similar to the President's. In many states and territories, governors have additional veto powers, including line-item, amendatory, and reduction vetoes. Additionally, some mayors and county executives also have veto power.
The legislative veto, or one-house legislative veto, was declared unconstitutional by the Supreme Court in 1983 in the case of INS v. Chadha. This case involved the Immigration and Nationality Act, which allowed either house of Congress to nullify decisions of executive agencies unilaterally. The Supreme Court ruled that this legislative veto violated the constitutional requirements of bicameralism and the separation of powers.
What Are the Reserved Powers in the Constitution?
You may want to see also
Presidential veto limitations
The US Constitution, which came into effect on March 4, 1789, grants the President the power to veto legislation passed by Congress. This power is one of the most significant tools available to the President to prevent the passage of legislation. The veto power is described in Article 1, Section 7 of the Constitution.
The President has 10 days, excluding Sundays, to act on legislation, after which it automatically becomes law. This is to prevent the President from killing legislation through inaction. There are two types of vetoes: the "regular veto" and the "pocket veto". The regular veto is a qualified negative veto, where 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". Congress can override the President's decision if it musters a two-thirds vote of each house.
The pocket veto is an absolute veto that cannot be overridden. It occurs when the President fails to sign a bill after Congress has adjourned and is unable to override the veto. The authority for 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 first use of the presidential veto power was on April 5, 1792, when President George Washington vetoed a bill outlining a new apportionment formula. Washington's stated reasons for the veto were that the bill did not apportion representatives according to states' relative populations, and that it gave eight states more than one representative per 30,000 residents, in violation of the Constitution.
Over time, Congress and the President have clashed over the use of the pocket veto, particularly over the interpretation of the term "adjournment". The Legislative Branch, backed by modern court rulings, maintains that the Executive Branch may only use the pocket veto when Congress has adjourned sine die from a session.
Religious Freedom: A Constitutional Cornerstone Explained
You may want to see also
Frequently asked questions
The US Constitution, which came into effect on March 4, 1789, outlines the veto power in Article I, Section 7.
The veto power gives the President the authority to veto legislation passed by Congress.
A "pocket veto" is when the President blocks legislation by declining to sign a bill, thus preventing it from becoming law.
Yes, Congress can override the President's veto if it musters the necessary two-thirds vote of each house.
