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Regular Vetoes and Pocket Vetoes: In Brief

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Order Code RS22188 Updated June 26October 9, 2007 Regular Vetoes and Pocket Vetoes: 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, 36 of 43 Presidents have exercised their veto authority a total of 2,553554 times. Congress has overridden these vetoes on 106 occasions (4.2%). Presidents have vetoed 81 appropriations bills, and Congress has overridden 12 (14.8%) 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, theThe U.S. Constitution (Article I, Section 7) provides that all bills that have been, for a bill to become law, it must be approved by both houses of Congress must beand presented to the President for his his approval and signature.1 The President may sign a bill into law within the 10-day period 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 (continued...) CRS-2 dealings with Congress. Illustrative of this point is the fact that Presidents have vetoed 2,553554 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 presentedpresenting it to the President. This report presents information on how regular vetoes can be overridden by Congress, the Congress can override regular vetoes, the number of vetoes by each President, and the use of vetoes in relation to appropriations 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”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 overcomeoverride 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. 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 Because the Constitution does not state exactly how Congress should reconsider a vetoed bill, House and Senate procedures that govern thegovern the specific 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 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”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 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, 3536 of 437 Presidents have exercised their veto authority on a total of 2,553554 occasions. Of that number, 1,487488 (58.2%) have been3%) were regular vetoes — that is, the rejected legislation was returned returned to the congressional house of origin, while it was in session, with a presidential message message of explanation — and 1,066 (41.87%) were pocket vetoes, or rejected while Congress was adjourned.8 Congress has overridden 106 (7.1%) of the 1,487488 regular vetoes. This percentage, though, is skewed downward by the enormous number of vetoes in in administrations prior to the 87th Congress (which began in 1961).9 If one counts only the the normal vetoes since 1961 (the beginning of the Kennedy Administration), one finds 222 223 vetoes and 33 overridden (14.98%). George W. Bush was the first President since John Quincy Adams (1825-1829) to serve a full term without wielding his veto.10 No president since Thomas Jefferson (18011809) has served two terms without vetoing a bill. Table 1. Presidential Vetoes, 1789-2007 President Washington Coincident Regular Vetoes Congresses 1st -4th th th J. Adams 5 -6 Jefferson 7th -10th Madison Total Vetoes Vetoes Overridden 2 — 2 — — — — — — — — — th th 5 2 7 — th th 1 — 1 — — — — — 5 7 12 — 11 -14 Monroe 11 -14 15 -18 J. Q. Adams 19th -20th Jackson Pocket Vetoes st 21 -24Van Buren Total Vetoes th Monroe Jackson Pocket Vetoes — — — — st th 5 7 12 — th th — 1 1 — — — — — 6 4 10 1 21 -24 25 -26 W. H. Harrison 27 Tyler th th 27 -28 th 7 There have been 43 presidencies, but only 42 persons have served as President. Grover Cleveland was elected to two presidencies. 8 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. 9 Most of those vetoes prior to 1960 were of private bills (i.e., legislation that would confer benefits upon a single person or company) whichand were almost never overridden. In 1971, Congress Congress gave administrators more discretion to handle the claims of individuals. Thus, the need for 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 98628, Private Bills: Procedure in the House, by Richard S. Beth. 10 During his second term in office, President Bush vetoed H.R. 810, the Stem Cell Research Enhancement Act of 2005, on July 19, 2006; H.R. 1591, the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, on May 1, 2007; and S. 5, the Stem Cell Research Enhancement Act of 2007, on June 20, 2007. CRS-4 President Van Buren. CRS-4 President Polk Coincident Regular Vetoes Congresses 25th -26th th Pocket Vetoes Total Vetoes Vetoes Overridden — 1 1 — — — — — Tyler 27 -28 th 6 4 10 1 Polk 29th -30th 2 1 3 — W. H. Harrison 27 th st Taylor 31 — — — — Fillmore st nd — — — — rd th 9 — 9 5 th th 4 3 7 — Pierce 31 -32 33 -34 Buchanan 35 -36 Lincoln 37th-39th29th -30th st Taylor 31 Fillmore st 31 -32 Pierce 33rd -34th nd th Total Vetoes Vetoes Overridden 2 1 3 — — — — — — — — — 9 — 9 5 4 3 7 — th 37 -39 th 2 5 7 — th th 21 8 29 15 Grant st 41 -44 th 45 48 93 4 Hayes th th 12 1 13 1 — — — — A. Johnson Garfield Arthur Cleveland B. Harrison Cleveland 39 -40 45 -46 47 th 47th -48th 4 8 12 1 th th 304 110 414 2 st nd 19 25 44 1 rd th 42 128 170 5 th th 6 36 42 — 49 -50 51 -52 53 -54 McKinley 55 -57 T. Roosevelt 57th -60th Taft Wilson45th-46th 12 1 13 1 Buchanan Lincoln A. Johnson 35 -36 th Pocket Vetoes 39 -40 th Garfield 47 — — — — Arthur th th 4 8 12 1 th th 304 110 414 2 B. Harrison st 51 -52 nd 19 25 44 1 Cleveland 53rd -54th Cleveland McKinley T. Roosevelt Taft 47 -48 49 -50 42 128 170 5 th 55 -57 th 6 36 42 — th th 42 40 82 1 st nd 30 9 39 1 rd th 33 11 44 6 57 -60 61 -62 Wilson 63 -66 Harding 67 th th67th 5 1 6 — Coolidge 68 -70th th 20 30 50 4 Hoover 71st -72ndst nd 21 16 37 3 rd th 372 263 635 9 th 79 -82 nd 180 70 250 12 rd th 73 108 181 2 Kennedy th 87 -88 th 12 9 21 — L. B. Johnson 88th -90th F. D. Roosevelt Truman Eisenhower Nixon Ford Carter 73 -79 83 -86nd 180 70 250 12 Hoover F. D. Roosevelt 68 -70 71 -72 73 -79 Truman 79 -82 Eisenhower 83rd -86th 73 108 181 2 th th 12 9 21 — th th 16 14 30 — st rd 26 17 43 7 Ford rd 93 -94 th 48 18 66 12 Carter 95th -96th Kennedy L. B. Johnson Nixon Reagan G. H. W. Bush Clinton G. W. Bush Total 87 -88 88 -90 91 -93 13 18 31 2 th 39 39 78 9 st nd rd th 48 18 66 12 th th 13 18 31 2 39 39 78 9 91 -93 93 -94 95 -96 th th Reagan 97 -100 G. H. W. Bush 101st -102nd Clinton G. W. Bush Total 29 15 44 1 rd th 36 1 37 2 th th 3434 — 1,487488 1,066 2,553 106 554 106 th 97 -100 101 -102 103 -106 107 -110 CRS-5 Sources: U.S. Congress, Senate, Secretary of the Senate, Presidential Vetoes, 1789-1988, S.Pub. 102-12, 103rd Cong., 2nd sess. (Washington: GPO, 1992); and U.S. Congress, Senate, Secretary of the Senate, Presidential Vetoes, 1989-19912000, S.Pub.102-13, 103rd 107-10, 107th Cong., 2nd1st sess. (Washington: GPO, 1992).2001). 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.1110 Despite these high stakes, Presidents have vetoed many appropriation bills.12 For 81 appropriations bills since 1789; more than half of these vetoes have occurred since 1968.11 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%).1312 President George W. Bush has vetoed one appropriationappropriations bill. Congressional overrides of vetoes of appropriations are not unusual. For example, of the 81 vetoes of appropriations since 1789, 12 (14.8%) werehave been overridden (see Table 2). Interestingly, more than half of the vetoes of appropriations bills have occurred since 1968. 2). Table 2. Appropriations Bills Vetoed, 1789-2007 President Washington Adams Coincident Congresses Approp. Acts Vetoed Vetoes of Approp. Acts Overridden 1st -4th — — — — — — th 5 -6 th th thth th Adams 5 -6 Jefferson 7 -10 Madison 11th -14th Monroe J. Q. Adams Jackson Van Buren — — th th — — th th — — st th — — th th — — 15 -18 19 -20 21 -24 25 -26 W. H. Harrison 27th7th -10th — — th th — — th th — — th th — — Jackson st 21 -24 th — — Van Buren 25th -26th — — Madison Monroe J. Q. Adams 11 -14 15 -18 19 -20 th W. H. Harrison 27 — — Tyler th th 2 — th th 1 — — — — — 4 2 Polk 27 -28 29 -30 st Taylor 31 Fillmore st 31 -32 Pierce 33rd -34th nd 11Polk 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 (archived) Report 98844, Report 98-844, Shutdown of the Federal Government: Causes, Effects, and Process, by Kevin R. Kosar, (out of print; available from the author). 11. 12 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. 13 CRS (archived) 12 CRS Report RS20719, Vetoed Annual Appropriation Acts: Presidents Carter Through Clinton, by Mitchell Sollenberger, available from the author (out of print; available from Kevin R. Kosar). CRS-6 President BuchananGrant Hayes Garfield Coincident Congresses Approp. Acts Vetoed Vetoes of Approp. Acts Overridden 35th -36th 1 — th 37 -39 th — — A. Johnson th 39 -40 th — — Grant 41st-44th — — 5 — Lincoln Hayes th 45 -46 Garfield 47 Arthur th th th 47 -48 th — — th 1 1 th 1 — Cleveland 49 -50 B. Harrison 51st -52nd— — th 45 -46 47 th th 47th-48th 1 1 th th 1 — st nd — — 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 G. H. W. Bush 83 -86 87 -88 88 -90 th 95 -96 th th 97 -100 th 6 1 st nd 8 — rd th 14 — 1 — 81 12 101 -102 Clinton 103 -106 G. W. Bush 107th -110th TotalMcKinley 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. 102-12, 103rd Cong., 2nd sess. (Washington: GPO, 1992); and U.S. Congress, Senate, Secretary of the Senate, Presidential Vetoes, 1989-19912000, S.Pub.102-13, 103rd 107-10, 107th Cong., 2nd1st sess. (Washington: GPO, 1992).2001). crsphpgw