What is the effect of the US President's veto?

Answer 1

A bill can pass with a simple majority from both houses of the USA Congress. The bill does not become law until it is signed by the President of the USA. If the President does not sign the bill then he has "vetoed" the bill and it is sent back to both houses where it must be passed with 2/3 majority to bypass the veto. In order to over-ride a veto one or both of the Congressional houses may make changes to modify the bill.

Answer 2

U.S. Const., Article I, Sec. 7, Cl. 2:

"Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law."

U.S. Const., Article I, Sec. 7, Cl. 3:

"Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill."

If the President chooses not to veto:

1. The President can sign the bill into law within the ten-day period prescribed in clause 2.

2. The President can allow the bill to become law by operation of the Constitution, because the Constitution prescribes that "[i]f any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it...."

If the President chooses to veto, it can be done in one of two ways:

3. The President can "pocket" veto. A pocket veto is where Congress has adjourned before the end of the ten-day period prescribed in clause 2, and the President does not sign the bill. That is, the President has not affirmatively vetoed the bill, but it is as if the bill is vetoed, as its return to the Congress is prevented. That is, "the Congress by their Adjournment [has in such an instance] prevent[ed] its Return [such that] it shall not be a Law."

4. With a regular veto, the President returns the bill to the Congress, because clause 2 provides that if he does "not [approve it,] he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it." Therefore, where the bill originated in the Senate, it is sent back to the Senate, and if the bill originated in the House, it is sent back to the House, for reconsideration.

The Congressional response to the President's veto:

5. The Congress can essentially overrule the Presidential veto thusly: "[i]f after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law." Therefore, if the vetoed legislation can be enacted again, with a two-thirds majority in both Houses of Congress, it becomes law--even over Presidential objection.

There are special House and Senate Rules as to precisely how a vetoed bill is "reconsidered":

1. The bill can be tabled; or

2. The bill can be referred to committee; or

3. Reconsideration can be postponed; or

3. The Congress can immediately proceed to reconsideration.

If either the House or Senate, upon voting after reconsideration, cannot develop a two-thirds majority, the bill dies, and the bill is not sent to the other House of Congress to be voted upon, even if sufficient votes can be developed in that House.

Answer 3

Vetoes are most likely to occur when the majority party in Congress differs from the president's party and this occurs when the country is divided on major issues. The veto keeps Congress from ramming legislation through with a narrow margin- it forces them to look for compromises and not try to make too many big changes too quickly.

Some would say it impedes progress, but I think it tends to force a more thoughtful consideration of all sides of issues and produce better legislation.