Article I of the US Constitution is quite clear that legislative power resides with Congress, and this fact is probably one of the reasons why the 1800s, with some exceptions, were marked by a series of relatively weak presidents. However, the president has formal powers which can influence laws and the legislative process. The president has the right to veto legislation which has passed in both the House of Representatives and the Senate. This is especially powerful because it takes a majority of two-thirds in both the House and Senate to override a presidential veto, and some presidents have made great use of this power. Franklin D. Roosevelt issued 372 vetoes (the highest number of any president) and only 9 of those vetoes were overridden by Congress, whilst Grover Cleveland issued 304 vetoes, with only 2 being overridden. Out of the 10 vetoes issued by Donald, only 1 was overridden. As of 2024, a total of 1530 regular vetoes and 1066 pocket vetoes have been cast by presidents, and just 112 vetoes have been overridden.[1] Clearly, the veto is a very powerful weapon at the disposal of presidents and can prevent bills from ever becoming law. But it is also evident that presidents cannot rely on their vetoing powers to block legislation they oppose, and the consequences of issuing vetoes can be very serious. To do so risks poor publicity and can sour relations with Congress, as Andrew Johnson discovered in 1868 when the House of Representatives impeached him partly in response to his resistance to Congressional bills. Presidents have tried to use their vetoing power to circumvent aspects of legislation they have disagreed with. One such way they have tried to do this is through impounding funds which have been allocated to various programmes. Richard Nixon became infamous for this after he impounded $13 billion in just one year. Nixon’s actions, however, resulted in the Impoundment Control Act being passed in 1974, and this limited a president’s ability to seize funds. Another way presidents have tried to use their vetoing power is through the use of the line-veto, which was where a president overruled particular parts of bills passed by Congress. This too, however, was curtailed as in 1997 the Supreme Court ruled that the line-veto was unconstitutional as it effectively meant presidents were exceeding their authority by writing legislation and thereby impinging on Congress’ powers.[2] Presidents nevertheless do have one other vetoing power which is actually derived from Article I, Section 7 of the Constitution. This states that “the Congress by their adjournment prevent its return, in which case, it shall not be law”. In essence, this means that a bill which has been passed by Congress can be killed by a president’s refusal to sign it after Congress has gone out of session.[3] Unlike regular vetoes, pocket vetoes cannot be overridden by Congress. They can, however, only be used in August, which is when Congress goes into recess. This time constraint limits a president’s ability to use a pocket veto, so it is not a power which is often used. In fact, Bill Clinton was the last president to use a pocket veto.[4] A study of the presidential vetoing powers certainly indicates that presidents are able to prevent bills from ever becoming laws. Their powers to do so, however, are not unlimited. Aside from the fact that Congress can override a regular veto, the flexibility of the regular veto has itself been limited in recent decades. The pocket veto, whilst potentially more powerful than a regular veto, is also time restricted and cannot be used whenever a president wishes. Moreover, presidents must also consider the political reactions and consequences from using their vetoing powers. To obstruct bills passed by Congress could risk bad publicity, thereby threatening a president’s chances of re-election, and it could make Congress less inclined to co-operate with a president’s policy ambitions. In such situations, a president is faced with two possibilities. Either he becomes a lame duck, and his policy initiatives are blocked by Congress, or he resorts to the use of executive power. [1] https://www.senate.gov/legislative/vetoes/vetoCounts.htm [2] Storey, W., US Government and Politics, Edinburgh University Press, Edinburgh, 2007, p. 297. [3] https://history.house.gov/Institution/Presidential-Vetoes/Presidential-Vetoes/ [4] https://www.senate.gov/legislative/vetoes/ClintonWJ.htm
