Veto Power

Veto Power The Constitution's framers agreed that a presidential veto could limit legislative encroachments, but they had difficulty agreeing on the form that the veto power would take. Ultimately, they drafted Article I, section 7, which gives the president the power to veto every bill or vote to which both House and Senate concurrence is necessary, except a vote of adjournment. Congressional resolutions proposing amendments to the Constitution are not subject to presidential veto power. The presidential veto is not absolute, but Congress needs a two‐thirds vote of both houses to override it—that is, two‐thirds of a quorum present, not two‐thirds of all the members.7

The veto power gives the president an important role in shaping legislation. Congress over‐rides vetoes only about 3 percent of the time. Given this limited success rate, the mere threat of a presidential veto provides the president with power to mold proposed legislation to his liking.

If the president fails to sign a bill within 10 days (Sundays excepted) after it is presented to him, it becomes law without his signature unless “Congress by their Adjournment prevent its Return, in which Case it shall not be a Law” (Art. I, sec. 7). This is called a pocket veto. In the Pocket Veto Case (1929), the Supreme Court held that “adjournment” means any time during a session that Congress adjourns and is not limited to the final adjournment of a session.

See also Separation of Powers.

Ronald D. Rotunda