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๐ŸŽฉAmerican Presidency Unit 9 Review

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9.3 Veto Power and Congressional Overrides

๐ŸŽฉAmerican Presidency
Unit 9 Review

9.3 Veto Power and Congressional Overrides

Written by the Fiveable Content Team โ€ข Last updated September 2025
Written by the Fiveable Content Team โ€ข Last updated September 2025
๐ŸŽฉAmerican Presidency
Unit & Topic Study Guides

The president's veto power is a crucial check on Congress, allowing them to reject legislation they oppose. Presidents can use regular vetoes, pocket vetoes, and veto threats to shape policy. This power gives the executive branch significant influence over lawmaking.

Congress can override vetoes with a two-thirds majority in both chambers. This high threshold makes overrides rare, requiring broad bipartisan support. The veto process highlights the delicate balance of power between the legislative and executive branches.

Types of Vetoes

Regular Veto

  • Occurs when the president rejects a bill passed by Congress and returns it with objections
  • Congress has the opportunity to override the veto with a two-thirds majority vote in both chambers
  • If Congress fails to override, the bill does not become law
  • Most common type of veto used by presidents (over 1,500 regular vetoes have been issued)

Pocket Veto

  • Happens when the president takes no action on a bill within 10 days (excluding Sundays) of receiving it, and Congress has adjourned
  • The bill does not become law and is effectively "vetoed"
  • Congress has no opportunity to override a pocket veto
  • Controversial because it allows the president to kill legislation without explicitly rejecting it (George W. Bush used pocket vetoes to block several bills)

Line-Item Veto Controversy

  • Would allow the president to veto specific provisions within a bill without rejecting the entire legislation
  • Argued to give the president too much power over the legislative process
  • Ruled unconstitutional by the Supreme Court in Clinton v. City of New York (1998)
  • Some states allow their governors to exercise line-item vetoes on state legislation (44 states currently permit this)

Veto Strategy

Veto Threats

  • Presidents can threaten to veto legislation as a negotiating tactic with Congress
  • Used to influence the content of bills during the legislative process
  • Can be effective in shaping legislation more to the president's liking
  • Veto threats are often made publicly to rally support or opposition to a bill (Obama threatened to veto several Republican-backed bills)

Veto Bargaining

  • Involves the president and Congress negotiating changes to a bill to avoid a veto
  • Can lead to compromises that make legislation more acceptable to both sides
  • Allows the president to have input on legislation without having to use the veto power
  • Veto bargaining often occurs behind closed doors and can be a lengthy process (Clinton engaged in extensive veto bargaining during his presidency)

Congressional Veto Override

Two-Thirds Majority Requirement

  • The Constitution requires a two-thirds majority vote in both the House and Senate to override a presidential veto
  • This high threshold makes overriding a veto difficult and relatively rare
  • Overriding a veto requires significant bipartisan support in Congress
  • The two-thirds majority requirement is a check on both legislative and executive power (ensures broad consensus is needed to enact laws over a president's objections)

Override Process

  • After a regular veto, the vetoed bill is returned to the chamber where it originated (House or Senate)
  • That chamber votes on whether to override the veto
  • If the override vote passes by a two-thirds majority, the bill is sent to the other chamber
  • The other chamber must also pass an override vote by a two-thirds majority for the veto to be overridden
  • If both chambers succeed in overriding, the bill becomes law without the president's signature

Sustaining a Veto

  • When one or both chambers fail to override a veto by the required two-thirds majority, the veto is sustained
  • The bill does not become law and is effectively dead
  • Historically, Congress has overridden fewer than 10% of regular vetoes
  • Sustaining a veto can be seen as a victory for the president and a defeat for the bill's supporters in Congress (George W. Bush had 4 out of his 12 vetoes overridden)