by David Hornestay

Created on: July 29, 2011   Last Updated: August 03, 2011

Although the Constitution of the United States does not mention the word veto, it is the universally recognized term for the President's Constitutional authority to refuse to approve proposed legislation (a bill) passed by both houses of Congress. The Chief Executive has ten days to sign a bill into law, to let it become law without his signature after ten days, or to return it to Congress with his objections (a veto).

In the latter event, Congress can "override" the President's veto only by a vote of two-thirds or more of members voting in each chamber. If Congress adjourns in less than ten days after sending a bill to the President, his failure to sign a bill prevents it from becoming law and Congress has no opportunity to override his inaction. This is known as a pocket veto.

According to data obtained from the Clerk of the House of Representatives by Infoplease.com, there had been 1,494 regular vetoes, 1,066 pocket vetoes, and 109 overrides through 2010. The dynamics of the respective Presidential and Congressional authorities are illustrated in President Obama's current threat to veto any proposed legislation on the debt limit which does not meet his time requirements. The divided Congress must keep in mind that neither party is likely to muster a two-thirds majority in either house, much less both chambers. The members must decide whether they would rather have no legislation than one which satisfies the President, and he must decide whether he wishes to risk having no legislation at all.   

George Washington, who set many Presidential precedents, used the veto power only twice in eight years, and it was used only sparingly until after the Civil War.  John Tyler, the first Vice President to succeed a deceased President, was also the first to have a veto overridden. The ill-regarded Franklin Pierce was the first to have a majority of his vetoes overridden (five of nine), and the even more unpopular Andrew Johnson fared even worse (15 of 21 swept aside).

Ulysses S. Grant stepped the veto rate up considerably, but he perfected the art of the pocket veto, exercising 48 of those while only four of his 48 regular vetoes were overridden. Grover Cleveland took the practice to an entirely new dimension, with 584 in his two terms, 346 of them regular, while suffering only seven overrides. His record stood until Franklin D. Roosevelt, champion in many Presidential categories, who in just over 12 years, exercised 372 "regular vetoes and 263 pocket vetos for a total of 635, while suffering only nine overrides. FDR's figures demonstrate that the veto is not confined to disputes between Presidents and a Congress of a different party. During his entire tenure, both houses of Congress were controlled by the Democrats, usually by large majorities.

      

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