Regular Vetoes and Pocket Vetoes: In Brief

Order Code RS22188 Updated January 4, 2006 CRS Report for Congress Received through the CRS WebJune 18, 2007 Regular Vetoes and Pocket Vetoes: An An Overview Kevin R. Kosar Analyst in American National Government Government and Finance Division Summary The veto power vested in the President by Article I, Section 7 of the Constitution has proven to be an effective tool for the chief executive in his dealings with Congress. Since the founding of the federal government in 1789, 3536 of 43 Presidents have exercised their veto authority a total of 2,550552 times. Congress has overridden these vetoes on 106 occasions (4.2%). Presidents have vetoed 8081 appropriations bills, and Congress has overridden 12 (15.014.8%) of these vetoes. This report will be updated at the beginning of each new Congress or after a veto. Constitutional Basis and Importance To become law, the U.S. Constitution (Article I, Section 7) provides that all bills that have been approved by both houses of Congress must be presented to the President for his approval and signature.1 The President may sign a bill into law within the 10-day period (excluding Sundays) provided in the Constitution,2 let it become law without his signature, or veto it. The Constitution states that, when the President vetoes a bill, “he shall return it, with his Objections to that House in which it shall have originated.” This type of action is called a “regular” or “return” veto. If, on the other hand, Congress has adjourned within the 10-day period after presentation of the bill to the President (thereby preventing the return of the bill to Congress), the President may simply withhold his signature, and the bill does not become law — a practice that has been dubbed a “pocket” veto.3 The President’s veto authority is among his most significant tools in legislative 1 These bills include joint resolutions, but do not include proposed amendments to the Constitution, which require a two-thirds vote in each house, and are sent directly to the states for approval. U.S. Constitution, Art. V. 2 U.S. Constitution, Art. I, Sec. 7. 3 Beginning in 1929, several judicial decisions have attempted to clarify when an adjournment by Congress “prevents” the President from returning a veto. For information on these cases, see (continued...) Congressional Research Service ˜ The Library of Congress(continued...) CRS-2 dealings with Congress. Illustrative of this point is the fact that Presidents have vetoed 2,550552 bills since 1789; of these, Congress has overridden 106 (4.2%). Moreover, the veto also can be effective as a threat, sometimes forcing Congress to modify legislation before it is presented to the President. This report presents information on how regular vetoes can be overridden by Congress, the number of vetoes by each President, and the use of vetoes in relation to appropriations bills. The report does not address two other types of vetoes — “line-item” vetoes (since the President has no such power at present) and “legislative” vetoes (which are wielded by Congress, not the President).4 It also does not address presidential signing statements.5 Overriding a Veto If a bill is pocket vetoed while Congress is out of session, the only way for Congress to overcome the veto is to reintroduce the legislation as a new bill, pass it through both houses, and present it to the President again for his signature.5 On the other hand, Congress may override a regular veto without introducing new legislation. According to Article 1, Section 7 of the Constitution, when the President chooses not to sign a bill and instead returns it to the chamber that originated it, the chamber enters the message of the President detailing the reasons for the veto into its Journal and then proceeds “to reconsider” the bill. The Constitution is otherwise silent on how Congress should consider a vetoed bill, and it is therefore House and Senate procedures that govern the treatment of bills returned by the President.6 Passage by a two-thirds margin in both houses is required to override a veto before the end of the Congress in which the veto is received. Although the Constitution states that approval requires “two thirds of that House,” congressional procedure, tradition, and judicial rulings have interpreted this requirement to mean two-thirds of those Members present and voting, provided there is a quorum present. If a two-thirds vote is successful in the originating house, that house informs the other of its decision to override the veto by message. Neither house is under any constitutional, legal, or procedural obligation to 3 (...continued) schedule an override vote. It is not unusual for Congress to make no effort to override the veto if congressional leaders do not believe they have sufficient votes. 3 (...continued) by Congress “prevents” the President from returning a veto. For information on these cases, see CRS Report RL30909, The Pocket Veto: Its Current Status, by Louis Fisher. 4 On these types of vetoes, see CRS Report RS21991, A Presidential Item Veto, by Louis Fisher; and CRS Report RS22132, Legislative Vetoes After Chadha, by Louis Fisher. 5 6 Data are not readily available on overridden pocket vetoes. For information on House procedures for considering vetoed bills, see (1) William Holmes Brown and Charles W. Johnson, House Practice: A Guide to the Rules, Precedents, and Procedures of the House (Washington: GPO, 2003), chapter 57, pp. 901-907; (2) U.S. Congress, Constitution, Jefferson’s Manual, and Rules of the House of Representatives, H.Doc. 108-241, 108th Cong., 2nd sess. (Washington: GPO, 2005), pp. 51-56. For information on Senate procedures for considering vetoed bills, see Floyd M. Riddick and Alan S. Frumin, Riddick’s Senate Procedure: Precedents and Practices, 101st Cong., 2nd sess., S.Doc. 101-28 (Washington: GPO, 1992), pp 1381-1389. CRS-3 schedule an override vote. It is not unusual for Congress to make no effort to override the veto if congressional leaders do not believe they have sufficient votes.RL33635, Item Veto and Expanded Impoundment Proposals: Legislative History and Current Status, by Virginia McMurtry; CRS Report RL33365, Line Item Veto: A Constitutional Analysis of Recent Proposals, by Morton Rosenberg; and CRS Report RS22132, Legislative Vetoes After Chadha, by Louis Fisher. 5 CRS Report RL33667, Presidential Signing Statements: Constitutional and Institutional Implications, by T. J. Halstead. 6 For information on House and Senate procedures for considering vetoed bills, see CRS Report RS22654, Veto Override Procedure in the House and Senate, by Elizabeth Rybicki. CRS-3 Vetoes Exercised and Overridden Pocket Vetoes and Returned Vetoes Table 1 shows that, since the beginning of the federal government in 1789, 35 of 43 Presidents have exercised their veto authority on a total of 2,550552 occasions. Of that number, 1,484486 (58.2%) have been regular vetoes — that is, the rejected legislation was returned to the congressional house of origin, while it was in session, with a presidential message of explanation — and 1,066 (41.8%) were pocket vetoedvetoes, or rejected while Congress was adjourned.7 Congress has overridden 106 (7.1%) of the 1,484486 regular vetoes. This percentage, though, is skewed downward slightly by the enormous number of vetoes in administrations prior to the 87th Congress (which began in 1961).8 If one counts only the vetoes since 1961 (the beginning of the Kennedy Administration), one finds 350 vetoes and 33 overridden (9.4%). Table 1. Presidential Vetoes, 1789-2005 President Washington Coincident Congresses Regular Vetoes Pocket Vetoes Total Vetoes Vetoes Overridden 1st -4th 2 — 2 — — — — — th th Adams 5 -6 Jefferson 7th -10th Madison Monroe — — — — th th 5 2 7 — th th 1 — 1 — th th — — — — 5 7 12 — — 1 1 — 11 -14 15 -18 J. Q. Adams 19 -20 Jackson 21st -24th Van Buren th 25 -26 th th W. H. Harrison 27 — — — — Tyler th th 6 4 10 1 th th 2 1 3 — Polk 27 -28 29 -30352 vetoes and 33 overridden (9.4%). George W. Bush was the first President since John Quincy Adams (1825-1829) to serve a full term without wielding his veto.9 No president since Thomas Jefferson (18011809) has served two terms without vetoing a bill. During his second term in office, President Bush vetoed H.R. 10, the Stem Cell Research Enhancement Act of 2005, on July 19, 2006; and H.R. 1591, the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, on May 1, 2007. Table 1. Presidential Vetoes, 1789-2007 President Washington Coincident Regular Vetoes Congresses 1st -4th th th Adams 5 -6 Jefferson 7th -10th Pocket Vetoes Total Vetoes Vetoes Overridden 2 — 2 — — — — — — — — — Madison 11 -14 th 5 2 7 — Monroe 15th -18th J. Q. Adams Jackson Van Buren th 1 — 1 — th th — — — — st th 5 7 12 — th th — 1 1 — 19 -20 21 -24 25 -26 7 President George H.W. Bush attempted to pocket veto two bills during intrasession recesses. Congress considered the two bills enacted into law because the President had not returned the legislation. These two disputed vetoes are not included in Table 1. 8 Most of those vetoes prior to 1960 were of private bills, (i.e., legislation that would confer benefits upon a single person or company,) which were almost never overridden. In 1971, Congress gave administrators more discretion to handle the claims of individuals. Thus, the need for congressionally passed private bills has dropped dramatically — from hundreds per annum to a few dozen — and, therefore, the opportunities for vetoes. On private bills, see CRS Report 98-628, Private Bills: Procedure in the House, by Richard S. Beth. 9 As Table 1 indicates, William H. Harrison, Zachary Taylor, Millar Fillmore, and James Garfield did veto any bills. They, however, did not serve full terms. CRS-4 President Coincident Congresses Regular Vetoes Congresses Pocket Vetoes Total Vetoes Vetoes Overridden W. H. Harrison 27th — — — — Tyler th th 6 4 10 1 th th 2 1 3 — Polk 27 -28 29 -30 Taylor 31st — — — — Fillmore st nd — — — — Pierce rd 33 -34 th 9 — 9 5 Buchanan 35th -36th 31 -32 4 3 7 — th 37 -39 th 2 5 7 — th thrd th 9 — 9 5 th th 4 3 7 — 2 5 7 — Pierce Buchanan 31 -32 33 -34 35 -36 th th Lincoln 37 -39 A. Johnson 39th-40th 21 8 29 15 Grant st 41 -44 th 45 48 93 4 Hayes th th 12 1 13 1 Lincoln A. Johnson 39 -40 45 -46 Garfield 47th — — — — Arthur th th — — — — 4 8 12 1 th45 -46 th Garfield 47 Arthur th 47 -48 Cleveland 49th -50th th 304 110 414 2 st nd 19 25 44 1 rd th 42 128 170 5 Cleveland B. Harrison 47 -48 49 -50 51 -52 Cleveland 53 -54 McKinley 55th -57th T. Roosevelt Taft Wilson 6 36 42 — thth 55 -57 th 6 36 42 — T. Roosevelt th 57 -60 th 42 40 82 1 st ndTaft 61st -62nd 30 9 39 1 rd th 33 11 44 6 5 1 6 — 57 -60 61 -62 63 -66 th Harding 67 Coolidge 68th -70thB. Harrison Cleveland McKinley Wilson 51 -52 53 -54 rd 63 -66 th th Harding 67 5 1 6 — Coolidge th th 20 30 50 4 st nd 21 16 37 3 rd th68 -70 Hoover 71 -72 F. D. Roosevelt 73rd -79th 372 263 635 9 th 79 -82 nd 180 70 250 12 Eisenhower rd 83 -86 th 73 108 181 2 Kennedy 87th -88th Hoover F. D. Roosevelt Truman L. B. Johnson Nixon Ford 71 -72 73 -79 12 9 21 — th th 16 14 30 — st rd 26 17 43 7 rd th 48 18 66 12 th th 13 18 31 2 88 -90 91 -93 93 -94 Carter 95 -96 Reagan 97th -100th G. H. W. Bush Clinton G. W. Bush Total 39 39 78 9 st nd 29 15 44 1 rd th 36 1 37 2 th th — — — — 1,484 1,066 2,550 106 101 -102 103 -106 107 -109rd th 73 108 181 2 th th 12 9 21 — L. B. Johnson th 88 -90 th 16 14 30 — Nixon 91st -93rd Truman Eisenhower Kennedy Ford Carter 83 -86 87 -88 26 17 43 7 rd th 48 18 66 12 th th 93 -94 95 -96 13 18 31 2 th 39 39 78 9 G. H. W. Bush 101 -102 nd 29 15 44 1 Clinton 103rd -106th 36 1 37 2 2 — 2 — 1,486 1,066 2,552 106 Reagan G. W. Bush Total th 97 -100 st th 107 -110 th Sources: U.S. Congress, Senate, Secretary of the Senate, Presidential Vetoes, 1789-1988, S.Pub. 10212, 102-12, 103rd Cong., 2nd sess. (Washington: GPO, 1992); and U.S. Congress, Senate, Secretary of the Senate, Presidential Vetoes, 1989-1991, S.Pub.102-13, 103rd Cong., 2nd sess. (Washington: GPO, 1992). CRS-5 It is, perhaps, noteworthy that the present President has not wielded his veto thus far — a modern anomaly. Not since the presidency of Millard Fillmore (1850-1853) has a President served a full term without wielding his veto; not since the presidency of Thomas Jefferson (1801-1809) has a two-term President left office without vetoing a bill. 1992). CRS-5 Vetoes of Appropriation Bills A veto of an appropriations bill can result in the closure of federal agencies, the furlough of federal employees, and the interruption of federal programs and services.9 10 Despite these high stakes, Presidents have vetoed many appropriation bills.1011 For example, Presidents Carter, Reagan, George H. W. Bush, and Clinton were presented with a total of 387 annual appropriations acts and vetoed 30 of them (7.8%).1112 President George W. Bush has vetoed one appropriation bill. Congressional overrides of vetoes of appropriations are also not unusual. For example, of the 8081 vetoes of appropriations since 1789, 12 (15.014.8%) were overridden (see Table 2). Interestingly, more than half of the vetoes of appropriations bills have occurred since 1968. Table 2. Appropriations Bills Vetoed, 1789-20052007 President Washington Coincident Congresses Approp. Acts Vetoed Vetoes of Approp. Acts Overridden 1st -4th — — — — th th Adams 5 -6 Jefferson 7th -10th — — th th — — th th — — th th — — Jackson st 21 -24 th — — Van Buren 25th -26th — — — — Madison Monroe J. Q. Adams W. H. Harrison 11 -14 15 -18 19 -20 27 th 911 -14 15 -18 19 -20 th W. H. Harrison 27 — — Tyler th th 2 — th th 1 — — — Polk Taylor Fillmore Pierce Buchanan Lincoln A. Johnson 27 -28 29 -30 31 st 31st -32nd — — rd th 4 2 th th 1 — th 37 -39 th — — th th — — 33 -34 35 -36 39 -40 10 For additional information on federal government shutdowns, see CRS Report 98-844, (archived) Report 98844, Shutdown of the Federal Government: Causes, Effects, and Process, by Kevin R. Kosar (archived and available on request from author), and CRS Report RL30339, Preventing Federal Government Shutdowns: Proposals for an Automatic Continuing Resolution, by Robert Keith. 10, available from the author. 11 The data in this section and in Table 2 include annual appropriations acts (which provide annual funding for the routine operations of most federal agencies), supplemental appropriations acts, and continuing appropriations acts. Excluded are measures dealing with impoundments, transfers, line-item vetoes under the Line Item Veto Act of 1996, and bills proposing appropriations for the relief of private claims. 11 CRS 12 CRS (archived) Report RS20719, Vetoed Annual Appropriation Acts: Presidents Carter Through Clinton, by Mitchell Sollenberger, p. 2 (archived and available on request from author)available from the author. CRS-6 President Tyler Polk TaylorGrant Hayes Garfield Coincident Congresses Approp. Acts Vetoed Vetoes of Approp. Acts Overridden 27th -28th 2 — 141st-44th — — 5 — — — th 29 -30 31 th st 31st -32nd — — rd th 4 2 th th 1 — th 37 -39 th — — A. Johnson th 39 -40 th — — Grant 41st-44th — — 5 — Fillmore Pierce Buchanan Lincoln Hayes 33 -34 35 -36 th 45 -46 Garfield 47 Arthur th th th 47 -48 th — — th 1 1 th 1 — Cleveland 49 -50 B. Harrison 51st -52nd — — rd th 5 1 th th — — th th — — Taft st 61 -62 nd 4 — Wilson 63rd -66th 8 — Cleveland McKinley T. Roosevelt 53 -54 55 -57 57 -60 th Harding 67 1 — Coolidge th th — — st nd 2 — F. D. Roosevelt rd 73 -79 th 1 1 Truman 79th -82nd Hoover 68 -70 71 -72 1 1 rd th 3 1 th th — — th th — — Nixon st 91 -93 rd 5 1 Ford 93rd -94th 5 3 2 — Eisenhower Kennedy L. B. Johnson Carter Reagan 83 -86 87 -88 88 -90 th 95 -96 th th 97 -100 th 6 1 st nd 8 — Clinton rd 103 -106 th 14 — G. W. Bush 107th -109th — — 80 12 G. H. W. Bush Total 101 -10245 -46 47 th th 47th-48th 1 1 th th 1 — st nd — — rd th 5 1 McKinley th 55 -57 th — — T. Roosevelt 57th -60th Arthur Cleveland B. Harrison Cleveland Taft Wilson 49 -50 51 -52 53 -54 — — st nd 4 — rd th 8 — 1 — — — 61 -62 63 -66 th Harding 67 Coolidge th 68 -70 Hoover 71st -72nd th 2 — rd th 1 1 th nd 1 1 rd th 3 1 Kennedy th 87 -88 th — — L. B. Johnson 88th -90th F. D. Roosevelt Truman Eisenhower Nixon Ford Carter Reagan G. H. W. Bush Clinton G. W. Bush Total 73 -79 79 -82 83 -86 — — st rd 5 1 rd th 5 3 th th 2 — 6 1 91 -93 93 -94 95 -96 th 97 -100 th 101st -102nd 8 — rd th 14 — th th 1 — 81 12 103 -106 107 -110 Sources: U.S. Congress, Senate, Secretary of the Senate, Presidential Vetoes, 1789-1988, S.Pub. 10212, 102-12, 103rd Cong., 2nd sess. (Washington: GPO, 1992); and U.S. Congress, Senate, Secretary of the Senate, Presidential Vetoes, 1989-1991, S.Pub.102-13, 103rd Cong., 2nd sess. (Washington: GPO, 1992).