Simone Lawson
The veto power is defined in Article 1, Section 7 of the US Constitution, which grants the President the authority to veto legislation passed by Congress. This authority is one of the most significant tools the President can use to prevent the passage of legislation. The Constitution also specifies that if the President does not veto or sign a bill within 10 days (excluding Sundays), it becomes a law. However, if Congress adjourns before the 10 days are up, the President can prevent the bill from becoming law by not returning it to Congress, known as a pocket veto. This type of veto cannot be overridden by Congress. On the other hand, a regular veto can be overridden by a two-thirds vote of both Houses of Congress. The inclusion of the veto override in the Constitution has been a topic of debate, with some arguing for its elimination as a relic of monarchy, while others view it as a necessary counter-majoritarian tool.
| Characteristics | Values |
|---|---|
| Type of veto | Regular, pocket, absolute, qualified negative, policy, constitutional, legislative, package, amendatory, reduction, suspensory, royal |
| Who can veto | President, state and territorial governors, mayors, county executives, tribal governments, British monarch, King Louis XVI, Chairperson of the Little Traverse Bay Bands of Odawa Indians, Secretary of the Interior |
| Who can override veto | Congress, tribal council, Legislative Chamber of the Oliy Majlis, Senate of the Oliy Majlis, People's Representative Council (Indonesia), Guardian Council (Iran), Legislative Assembly (France) |
| How to override veto | Two-thirds vote of each house, two-thirds vote of the legislature, two-thirds vote of both houses, majority vote in two successive sessions |
| Time limit to veto | 10 days (excluding Sundays) |
| What happens if no veto | Bill becomes law |
| What happens if Congress adjourns before time limit | Bill does not become law |
| What is a pocket veto | When the President does not return the legislation to Congress but takes no action; it is an absolute veto that cannot be overridden |
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What You'll Learn
The veto's historical context
The concept of the veto has a long history, with its roots dating back to ancient times. The term "veto" comes from the Latin word meaning "I forbid". In the Roman Republic, the tribunes of the plebs had the power to veto any act of the senate that they believed would harm the interests of the plebeians. This power was a crucial tool in maintaining the balance of power between the patricians and plebeians.
During the Middle Ages, the monarchies of Europe often possessed absolute veto powers, allowing them to block any legislation they disagreed with. This continued into the early modern period, with the British monarch wielding significant veto power in the American colonies. From 1696 to 1765, the king vetoed nearly 400 laws that had been adopted by an American colonial legislature, a fact that was included in the Declaration of Independence in 1776 as one of the grievances against the king.
Following the American Revolution, the Founding Fathers debated the role of the veto in the new government. Some, like Thomas Jefferson, argued for eliminating the veto power altogether, seeing it as a relic of monarchy. Others, however, recognised its potential as a counter-majoritarian tool, limiting the power of a legislative majority.
In the end, the veto was included in the US Constitution, with Article I, Section 7 granting the President the authority to veto legislation passed by Congress. This authority is one of the most significant tools at the President's disposal, allowing them to shape legislation and protect their interests. The Constitution also provides for a veto override, where Congress can override a presidential veto by a two-thirds vote in each house.
The first use of the pocket veto was by President James Madison in 1812. This type of veto occurs when the President fails to sign a bill after Congress has adjourned, effectively killing the legislation without the possibility of an override. The pocket veto has been a source of controversy, with Congress and the President clashing over the interpretation of the term "adjournment". Court rulings have since clarified that the Executive Branch can only use the pocket veto when Congress has adjourned sine die from a session.
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The veto's constitutional basis
The US Constitution grants the President the authority to veto legislation passed by Congress. This authority is outlined in Article I, Section 7, which states that the President has ten days, excluding Sundays, to act on legislation. If the President does not veto or sign a 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 legislation from being blocked through simple inaction.
The Constitution recognises two types of vetoes: the "regular veto" and the "pocket veto." A regular veto occurs when the President returns unsigned legislation to the originating house of Congress within ten days, typically accompanied by a memorandum of disapproval or a "veto message." Congress can override a regular veto by mustering a two-thirds vote in each house, at which point the bill becomes law without the President's signature.
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. This type of veto is derived from Article I, Section 7 of the Constitution, which states that if Congress adjourns before the ten days elapse, preventing the return of the bill, it shall not become law. The pocket veto was first used by President James Madison in 1812.
The veto power in the US Constitution has its historical roots in the colonial era, when the British monarch exercised veto power over colonial legislation. This continued well after the Declaration of Independence, with the monarch striking down nearly 400 laws between 1696 and 1765. The heavy use of the veto was included in the Declaration of Independence as a grievance against the monarch.
The veto power has been a subject of debate and has undergone interpretations and adjustments over time. For instance, there has been controversy over the meaning of the term "adjournment" in the context of pocket vetoes. Additionally, some territories, such as Guam and the US Virgin Islands, have granted their governors veto powers defined in their organic laws.
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Madison's use of the pocket veto
The veto power 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 first use of the pocket veto was by President James Madison in 1812. Madison's use of the pocket veto set a precedent for future presidents to utilise this legislative manoeuvre. The pocket veto is unique in that it cannot be overridden by Congress. This is because the House and Senate are not in session and, therefore, unable to act on the rejection of their legislation. The pocket veto is exercised when the President fails to sign a bill within the 10-day period and Congress adjourns before the 10 days have passed, preventing the bill's return and effectively killing it.
The pocket veto is a controversial mechanism as it represents an anomaly in the Constitution, a power that the founders flatly rejected. Its inclusion in the Constitution is justified as a presidential defence against abrupt, untimely congressional adjournment aimed at hindering the president's ability to exercise the regular veto power. Madison's use of the pocket veto demonstrated the significance of the veto power in the President's arsenal and its potential to shape legislation.
The pocket veto has been a source of tension between the President and Congress, with critics arguing that it should only be used when Congress adjourns sine die. Despite this, almost every president since Madison has used the pocket veto or a hybrid version of it. Madison's precedent has had a lasting impact on the legislative process, with the pocket veto serving as a powerful tool for presidents to influence the direction of policy.
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The veto override process
The US Constitution 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, after which it automatically becomes law.
There are two types of vetoes: the "regular veto" and the "pocket veto." A 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 a regular veto if it musters a two-thirds vote in each house. In this case, the bill becomes law without the President's signature. Historically, Congress has overridden about 7% of presidential vetoes.
A pocket veto, on the other hand, 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 President can prevent the bill from becoming law simply by declining to sign it.
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The veto's modern application
The presidential veto remains a powerful tool in modern American politics, with presidents regularly exercising their authority to reject bills passed by Congress. The veto is one of the most significant instruments available to the president to prevent the passage of legislation, and even the threat of a veto can significantly influence the content of a bill before it reaches the president's desk.
In the present day, the process of overriding a veto remains the same as outlined in the Constitution. If Congress can muster a two-thirds majority vote in both the House of Representatives and the Senate, they can override the president's veto and pass the bill into law without the president's signature. This mechanism is an essential check and balance on executive power, promoting accountability and good governance.
For example, in June 2022, the Massachusetts General Court, controlled by Democrats, overrode Republican Governor Charlie Baker's veto of House Bill 4805, which prohibited registrars from inquiring about an applicant's citizenship or immigration status when applying for driver's licenses and motor vehicle registrations. Proponents of the bill argued that it would increase road safety, reduce hit-and-run accidents, and assist families without the necessary citizenship or immigration documentation.
Another example is when the Republican-controlled State Legislature of Kansas overrode Democratic Governor Laura Kelly's veto of a bill creating new boundaries for the state's congressional districts as part of redistricting following the 2020 US Census. Supporters of the bill asserted that it met redistricting standards and preserved existing districts.
It is worth noting that while the president has the power of a regular veto, which can be overridden, there is also the pocket veto. A pocket veto occurs when there are fewer than ten days left in the legislative session, and the president can effectively veto a bill by taking no action, as Congress cannot override the veto or modify the bill once the session is over.
In conclusion, the veto and its override mechanism remain vital tools in the US political system, with modern applications demonstrating their ongoing significance in shaping legislation and maintaining a balance of power between the executive and legislative branches of government.
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Frequently asked questions
A veto override occurs when two-thirds of both houses of Congress vote to overturn the president's veto of a bill.
A pocket veto occurs when the president does not sign a bill after Congress has adjourned and is unable to override the veto. The president's inaction effectively kills the bill.
The veto override provision in the US Constitution has evolved over time. The Constitution grants the president the authority to veto legislation, but Congress can override this decision with a two-thirds vote in each house. The first pocket veto was used by President James Madison in 1812. Over time, there have been debates and court rulings clarifying the meaning of "adjournment" and the appropriate use of the pocket veto.
