The US Constitution gives the President the power to veto, or reject, legislation passed by Congress. Framers of the US Constitution included this authority to prevent the legislative branch from becoming too powerful and to maintain a balance between the branches. It illustrates the principle of separation of powers central to the US Constitution. By creating a system of checks and balances, they aimed to prevent the misuse or abuse of authority.
The veto enables the President to “check” Congress by reviewing legislation and blocking measures deemed unconstitutional, unjust or unwise. At the same time, Congress’s ability to override a presidential veto establishes a “balance” between the branches, ensuring shared control over the lawmaking process.
Constitutional Basis For The Veto
Under Article I, Section 7, Clause 2 of the U.S. Constitution, any bill passed by both the House of Representatives and the Senate must be sent to the President before it can become law. The President then has 10 days (excluding Sundays) to either sign or veto the bill; if no action is taken within that period, the bill automatically becomes law. This timeframe is central to how the veto process functions.
If the President approves, he signs it. If he does not, he returns it with his objections to the House where it started. That House must record the objections and reconsider the bill. If two-thirds of the members vote to pass it again, it goes to the other House for reconsideration. If two-thirds of that House also approve it, the bill becomes law even without the President’s signature.
There are two types of vetoes: “regular veto” and “pocket veto.”
Regular Veto
A regular veto is considered a qualified negative veto. In this process, the President returns the unsigned bill to the house where it originated within the 10-day window, usually with a memorandum of disapproval or a veto message. Congress can override this veto if both the House and Senate achieve a two-thirds majority vote. The first regular veto was issued by President George Washington on 5 April 1792, and the first successful override by Congress took place on 3 March 1845.
Pocket Veto
If Congress adjourns within 10 days of sending a bill to the President, the President can use what is known as a “pocket veto” by choosing not to sign the bill, essentially “putting it in his pocket.” In this situation, the bill does not become law, and Congress would have to start the process again if it wants to revive the legislation. The pocket veto is an absolute veto, and Congress cannot override it. President James Madison was the first to use the pocket veto in 1812.
How Can Congress Override A Presidential Veto?
Congress can override a regular veto with a two-thirds vote of members present in both the House and the Senate. Historically, this is rare. By 2014, presidents had vetoed more than 2,500 bills, and Congress had overridden less than 5% of them.
The Constitution does not allow the President to approve parts of a bill and reject others. This authority, known as the line-item veto, is available to most state governors but not the US President. Since the 1870s, more than 100 amendments have been proposed to grant this power at the federal level, but none have been successful.
In 1995, Congress passed a law giving the President line-item veto power, but the Supreme Court struck it down, ruling that it gave the President more authority than the Constitution permits.
How Andrew Jackson Redefined Veto Power
The US Constitution does not clearly state when a President can use the veto. But in the early years, it was widely believed that the framers intended the veto to be used only if a bill was thought to be unconstitutional. As a result, most vetoes issued before 1832 were based on constitutional objections rather than political disagreements.
This approach changed under Andrew Jackson, the seventh President of the United States. Jackson openly declared that he would veto bills for political reasons, not just constitutional ones. His rejection of the bill to recharter the Second Bank of the United States became one of the most famous vetoes in American history.
The debate over the bank had already been a long-standing issue. The first national bank was created in 1791 under George Washington and Alexander Hamilton to hold federal funds. After its charter expired, a second bank was established in 1816. Its leadership, closely linked to industry and manufacturing, was seen as favouring the urban and industrial North. Jackson, a champion of the frontier, believed the bank neglected the needs of Western settlers and favoured wealthy elites. He also objected to the bank’s vast economic influence and the limited congressional oversight of its operations.
From the moment he entered the White House in 1829, Jackson made it clear that he viewed the bank as a symbol of privilege that worked against ordinary Americans. He pushed for an investigation into its activities and questioned its constitutionality. In response, the bank’s director, Nicholas Biddle, used his connections in Congress and among influential businessmen, including Senator Henry Clay, to defend the institution.
Though Jackson later presented his arguments to Congress, most members still accepted that the bank was constitutional. Despite this, the dispute continued for years, dividing Jackson’s administration. In 1832, the conflict reached its peak when Jackson vetoed Congress’s attempt to renew the bank’s charter, cementing his stance and reshaping the use of presidential veto power.
Famous Vetoes
George Washington was the first to use the presidential veto in 1792. He used it only twice. Neither of his vetoes was overridden. Congress did not override a veto until 1845, when lawmakers rejected President John Tyler’s veto of a bill restricting the president from authorising Coast Guard ships without congressional approval.
Over time, veto use grew. Franklin D. Roosevelt holds the record with 635 vetoes during his long presidency, and only nine were overridden. Grover Cleveland came close with 584 vetoes across his two non-consecutive terms, with just seven overridden.
In recent decades, Richard Nixon vetoed the Comprehensive Child Care Development Act in 1971, stopping plans for universal federally funded childcare. In 1974, Congress overrode Gerald Ford’s veto of the Freedom of Information Act after Watergate, opening access to thousands of government records. Ronald Reagan’s 1988 veto of sanctions against apartheid-era South Africa was also overridden, allowing the sanctions to take effect.
In contrast, recent presidents have used the veto far less. George W. Bush and Barack Obama issued only 12 each. Congress overrode just one of Obama’s vetoes, the 2016 veto of a bill allowing families of 9/11 victims to sue Saudi Arabia.