The Presidential Veto and Congressional Veto Override Process
Center for Legislative Archives
National Archives and Records Administration
www.archives.gov/legislative
Background information on the veto process for the teacher:
While the word “veto” does not appear in the Constitution, the power of the President to refuse
to sign legislation is clearly outlined in the Constitution:
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.
---U.S. Constitution, Article I, Section 7, clause 2
The Framers of the Constitution gave the President the power to veto acts of Congress to prevent
the legislative branch from becoming too powerful. This is an illustration of the separation of
powers integral to the U.S. Constitution. By separating the powers of government into three
branches and creating a system of “checks and balances” between them, the Framers hoped to
prevent the misuse or abuse of power. The veto allows the President to “check” the legislature by
reviewing acts passed by Congress and blocking measures he finds unconstitutional, unjust, or
unwise. Congress’s power to override the President’s veto forms a “balance” between the
branches on the lawmaking power.
The veto power does not give the President the power to amend or alter the content of
legislation—the President only has the ability to accept or reject an entire act passed by
Congress. The President, however, can influence and shape legislation by a threat of a veto. By
threatening a veto, the President can persuade legislators to alter the content of the bill to be
more acceptable to the President.
Congress can override a veto by passing the act by a two-thirds vote in both the House and the
Senate. (Usually an act is passed with a simple majority.) This check prevents the President from
blocking an act when significant support for it exists. Two-thirds is a high standard to meet—
broad support for an act is needed to reach this threshold. The President’s veto power is
significant because Congress rarely overrides vetoes—out of 1,484 regular vetoes since 1789,
only 7.1%, or 106, have been overridden.
1
If the President does not sign the bill within ten days it becomes law unless Congress has
adjourned. If Congress adjourns before the President has signed the bill and the President does
not want the bill to pass the President may simply fail to sign the bill. When this happens the bill
does not become law (it is essentially vetoed). This is referred to as a “pocket veto.” Since
1
Congressional Research Service. The Presidential Veto and Congressional Procedure (RS21750; February 27,
2004), by Mitchel A. Sollenberger, 2.