Omar Bennett
The US Constitution grants the President the authority to veto legislation passed by Congress, as outlined in Article 1, Section 7. This veto power is a significant tool that allows the President to prevent the passage of legislation, even before a bill is presented. The President has 10 days, excluding Sundays, to act on legislation; if no action is taken, it automatically becomes law. 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. Congress can override this with a two-thirds vote in both houses. The latter, 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 the legislation does not become law.
| Characteristics | Values |
|---|---|
| Location in the Constitution | Article 1, Section 7 of the US Constitution |
| Type of Veto | Regular Veto, Pocket Veto |
| Time Limit | 10 days (excluding Sundays) |
| Override | Requires a 2/3 vote of both Houses of Congress |
| Return of Bill | To be returned to the originating House of Congress |
| Memorandum | Disapproval or "veto message" |
| Adjournment | Cannot return the bill after adjournment |
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What You'll Learn
The President's authority
The Constitution provides the President with 10 days (excluding Sundays) to act on legislation, after which the legislation automatically becomes law. This prevents the President from killing legislation through simple inaction. The President can return the bill, unsigned, to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message".
There are two types of vetoes: the "regular veto" and the "pocket veto". The regular veto is a qualified negative veto. Congress can override the President's decision if it musters the necessary two-thirds vote of each house. The pocket veto is an absolute veto that cannot be overridden by Congress. The veto becomes effective when the President fails to sign a bill after Congress has adjourned and is unable to override the veto.
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, and 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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Congressional adjournment
The U.S. Constitution grants the president the power to veto, or reject, legislation passed by Congress. Article I, Section 7 of the Constitution gives the president the authority to reject legislation that has been passed by both houses of Congress. The word "veto" does not appear in the Constitution, but the power it grants the president is clear.
The veto power of the U.S. president is a way to prevent the legislative branch of the federal government from exercising too much power. Congress can override a presidential veto, but it requires a two-thirds majority vote in both the House of Representatives and the Senate, which is challenging to achieve. The mere threat of a veto allows the president to influence the debate on legislation in Congress before a bill is passed and pressure legislators to amend a bill to avoid a veto.
When Congress is in session, a president who wishes to veto a bill must return the bill to the chamber in which it originated within ten days (excluding Sundays) of when the bill is presented to them. If the president fails to sign a bill within ten days of enactment (excluding Sundays) while Congress is in session, the bill becomes law automatically. If Congress approves a bill and sends it to the President, and then adjourns before the ten days elapse, the President cannot return the bill to the originating chamber after adjournment. In this case, the President can prevent the bill from becoming law by simply declining to sign it, which is called a "pocket veto".
The pocket veto is an absolute veto, which Congress cannot override. Article 1, Section 7 of the Constitution provides for this pocket veto power, stating that "the Congress by their adjournment prevent its return, in which case, it shall not be law". Over the years, debate over the meaning of "adjournment" has resulted in several federal court cases involving the pocket veto. In one case, it was 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.
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Regular veto
The US Constitution outlines the veto authority in Article I, Section 7. This section provides the President with the power to veto or "forbid" a bill from becoming law.
A regular veto is a qualified negative veto. It occurs when the President refuses to sign a bill and returns it to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message". This 10-day period excludes Sundays. If Congress is adjourned within this period, the President may refuse to sign the bill, and the bill does not become law—this is called a "pocket veto".
The first regular veto was issued by President George Washington on April 5, 1792. The President's veto authority is among the most significant tools in the executive branch's dealings with Congress. Thirty-eight out of 45 Presidents have used the veto. Presidents have vetoed 2,576 bills since 1789; of these, Congress has overridden 111 (4.3%).
Upon receipt of a rejected bill, Congress is able to begin the veto override process, which requires a two-thirds affirmative vote in both chambers for the bill to become law.
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Pocket veto
The power of veto is defined in Article 1, Section 7 of the US Constitution. A "regular" veto occurs when the President returns a bill to Congress (the House in which it originated) along with their objections. Congress can then override the veto by a two-thirds vote of both chambers, after which the bill becomes law.
A pocket veto is a type of veto that occurs under specific circumstances. If Congress approves a bill and sends it to the President, and then adjourns before the ten days elapse, the President cannot return the bill to the originating chamber after adjournment. In this case, the President can prevent the bill from becoming law simply by declining to sign it, resulting in a pocket veto.
The pocket veto cannot be overridden by Congress, and the only way to circumvent it is to reintroduce the bill and enact it again. The Supreme Court has explained that the veto provisions in the Constitution serve two functions. Firstly, they ensure that the President has a suitable opportunity to consider the bills presented. Secondly, they safeguard the President's opportunity to approve or veto a bill before it becomes law, as outlined in Paragraph 2 of § 7 of Article I.
The concept of a pocket veto is not unique to the United States. The President of Finland also has the power to exercise a pocket veto, although it is only temporary. Similarly, Article 111 of the Indian Constitution allows the President to withhold their assent to a bill passed by both houses of Parliament by not returning the bill, thereby effectively vetoing it.
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Presidential return of a bill
The US Constitution grants the President the authority to veto legislation passed by Congress. This authority is outlined in Article 1, Section 7 of the Constitution, which states that every bill passed by the House of Representatives and the Senate must be presented to the President for approval. If the President approves, they sign it into law. However, if they do not approve, they have the power to return the bill with their objections to the House in which it originated. This process is known as a "regular veto" or a "qualified negative veto".
The President has 10 days, excluding Sundays, to act on the legislation. If the President fails to sign or veto the bill within this timeframe, it automatically becomes law. This provision ensures that the President has a suitable opportunity to consider the bills presented and prevents them from killing legislation through inaction. However, there is an exception to this rule known as the "pocket veto".
A pocket veto occurs when Congress adjourns before the 10-day period elapses, preventing the President from returning the bill with a veto. In this case, the President can block the legislation by simply declining to sign it, and Congress cannot override this veto. The Supreme Court has interpreted the pocket veto as serving two functions: ensuring the President has an opportunity to consider bills and safeguarding against indefinite periods of uncertainty over a bill's outcome.
The exact meaning of "adjournment" in the context of pocket vetoes has been a subject of controversy and debate between Congress and the President. The Legislative Branch, supported by modern court rulings, maintains that the Executive Branch may only use a pocket veto when Congress has adjourned sine die from a session. However, there have been instances where the President has returned a bill during an intrasession adjournment, arguing that there was no practical difficulty in making the return.
In summary, the US Constitution grants the President veto power, including the ability to return a bill to its originating House within 10 days. This process is known as a regular veto and can be overridden by a two-thirds vote of both Houses of Congress. However, under specific circumstances, the President can exercise a pocket veto, preventing the bill from becoming law without the possibility of override.
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Frequently asked questions
Veto power is described in Article 1, Section 7 of the US Constitution.
A "regular" veto is when the President returns a bill to Congress unsigned, 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" is when the President does not return the legislation to Congress but simply does not act on it within 10 days. The bill does not become law.
