Regular Vetoes and Pocket Vetoes: In Brief

Order Code RS22188 Updated October 9, 2007June 27, 2008 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 2,554561 times. Congress has overridden these vetoes on 106109 occasions (4.23%). Presidents have vetoed 8182 appropriations bills, and Congress has overridden 12 (14.86%) of these vetoes. This report will be updated at the beginning of each new Congressas events warrant. Constitutional Basis and Importance The U.S. Constitution (Article I, Section 7) provides that, for a bill to become law, it must be approved by both houses of Congress and 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 dealings with Congress. Illustrative of this point is the fact that Presidents have vetoed 1 Pamela A. Hairston, CRS Information Research Specialist, provided assistance in updating the veto statistics in this report. 2 3 U.S. Constitution, Art. I, Sec. 7. 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 2,554by 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. CRS-2 2,561 bills since 1789; of these, Congress has overridden 106109 (4.23%). Moreover, the veto also can be effective as a threat, sometimes forcing Congress to modify legislation before presenting it to the President. This report presents information on how Congress can override regular vetoes, 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 override 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. Because the Constitution does not state exactly how Congress should reconsider a vetoed bill, House and Senate procedures govern 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. the end of the Congress in which the veto is received.7 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 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. 7 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. CRS-3 Vetoes Exercised and Overridden Pocket Vetoes and Returned Vetoes Table 1 shows that, since the beginning of the federal government in 1789, 36 of 437438 Presidents have exercised their veto authority on a total of 2,554561 occasions. Of that number, 1,488495 (58.34%) were 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 (41.76%) were pocket vetoes, or rejected while Congress was adjourned.89 Congress has overridden 106109 (7.13%) of the 1,488495 regular vetoes. This percentage, though, is skewed downward by the enormous number of vetoes in administrations prior to the 87th Congress (which began in 1961).910 If one counts only the normal vetoes since 1961 (the beginning of the Kennedy Administration), one finds 223230 vetoes and 3336 overridden (14.815.6%). George W. Bush was the first President since John Quincy Adams (1825-1829) to serve a full term without wielding his veto. No president since Thomas Jefferson (18011809) has served two terms without vetoing a bill. Table 1. Presidential Vetoes, 1789-20072008 President Washington Coincident Regular Vetoes Congresses 1st -4th th th J. Adams 5 -6 Jefferson 7th -10th Madison Vetoes Overridden 2 — 2 — — — — — — — — — th 5 2 7 — th th 1 — 1 — 11 -14 15 -18 J. Q. Adams 19th -20th W. H. Harrison Vetoes Overridden th 15 -18 Van 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 721 -24 25 -26 27 th 8 There have been 43 presidencies, but only 42 persons have served as President. Grover Cleveland was elected to two presidencies. 8 9 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 President George W. Bush characterized his veto of H.R. 1585 as a pocket veto. Since the 110th Congress treated it as a normal veto, this report counts H.R. 1585 as a normal veto. 10 Most of those vetoes prior to 1960 were of private bills (i.e., legislation that would confer benefits upon a single person or company) and 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 98628, Private Bills: Procedure in the House, by Richard S. Beth. CRS-4 President PolkTyler Polk Taylor Fillmore Pierce Coincident Regular Vetoes Congresses 29th -30th st Taylor 31 Fillmore st 31 -32 Pierce 33rd -34th nd th Total Vetoes Vetoes Overridden27th -28th th 29 -30 31 th st 31st -32nd Pocket Vetoes Total Vetoes Vetoes Overridden 6 4 10 1 2 1 3 — — — — — — — — — rd th 9 — 9 5 th th 33 -34 4 3 7 — th 37 -39 th 2 5 7 — thA. Johnson th 39 -40 th 21 8 29 15 Grant st 41 -44 th41st-44th 45 48 93 4 Hayes 45th-46th 12 1 13 1 Buchanan Lincoln A. Johnson Hayes 35 -36 th Pocket Vetoes 39 -4045 -46 th 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 -5047 -48 Cleveland 49 -50 B. Harrison 51st -52nd 19 25 44 1 rd th 42 128 170 5 th 55 -57 th 6 36 42 — th th 42 40 82 1 stTaft st 61 -62 nd 30 9 39 1 rd thWilson 63rd -66th 33 11 44 6 57 -60 61 -62 Wilson 63 -66 Harding 67thCleveland McKinley T. Roosevelt 53 -54 57 -60 th Harding 67 5 1 6 — Coolidge th th 20 30 50 4 st nd 21 16 37 3 rd th 372 263 635 9 th nd 180 70 250 12 Hoover F. D. Roosevelt 68 -70 71 -72 73 -79 Truman 79 -82 Eisenhower 83rd -86thF. D. Roosevelt rd 73 -79 th 372 263 635 9 Truman 79th -82nd Hoover 68 -70 71 -72 180 70 250 12 rd th 73 108 181 2 th th 12 9 21 — th th 16 14 30 — stNixon st 91 -93 rd 26 17 43 7 Ford rd 93 -94 th93rd -94th 48 18 66 12 Carter 95th -96th Eisenhower Kennedy L. B. Johnson Nixon Reagan G. H. W. Bush Clinton G. W. Bush Total 83 -86 87 -88 88 -90 91 -93 th 13 18 31 2 th 39 39 78 9 st nd 29 15 44 1 rdClinton rd 103 -106 th 36 1 37 2 th th 4 — 4 — 1,488 1,066 2,554 106 th 97 -100 101 -102 103 -106 107 -110 G. W. Bush 107th -110th 11 — 11 3 1,495 1,066 2,561 109 Carter Reagan G. H. W. Bush Total 95 -96 th th 97 -100 101 -102 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, 1989-2000, S.Pub. 107-10, 107th Cong., 1st sess. (Washington: GPO, 2001)“Vetoes” Web page, available at [http://www.senate.gov/reference/reference_index_subjects/Vetoes_vrd.htm]. 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.1011 Despite these high stakes, Presidents have vetoed 8182 appropriations bills since 1789; more than half of these vetoes have occurred since 1968.1112 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%).1213 President George W. Bush has vetoed onetwo appropriations billbills. Congressional overrides of vetoes of appropriations are not unusual. For example,; 12 of the 8182 vetoes, 12 (14.86%) have been overridden (see Table 2). Table 2. Appropriations Bills Vetoed, 1789-20072008 President Washington Adams 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 11 -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 -40 105 -6 th th — — Madison 11 -14 th — — Monroe 15th -18th Jefferson J. Q. Adams Jackson Van Buren W. H. Harrison Tyler Polk 7 -10 th th — — th th — — st th — — th th — — — — 2 — 1 — 19 -20 21 -24 25 -26 27 th 27th -28th th 29 -30 th st Taylor 31 — — Fillmore st nd — — Pierce rd 33 -34 th 4 2 Buchanan 35th -36th Lincoln A. Johnson Grant 31 -32 1 — th 37 -39 th — — th th — — st th — — 39 -40 41 -44 11 For additional information on federal government shutdowns, see CRS Report 98-844, Shutdown of the Federal Government: Causes, Effects, and Process, by Kevin R. Kosar (out of print; available from the author). 1112 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. 1213 CRS Report RS20719, Vetoed Annual Appropriation Acts: Presidents Carter Through Clinton, by Mitchell Sollenberger (out of print; available from Kevin R. Kosar). CRS-6 President Grant Hayes GarfieldHayes Coincident Congresses Approp. Acts Vetoed Vetoes of Approp. Acts Overridden 41st-44th — — 5 — — — th 45 -46 47 th th 47th-48th 1 1 th th45th-46th 5 — th — — Arthur 47 -48 th 1 1 Cleveland 49th -50th Garfield 47 th B. Harrison Cleveland McKinley 1 — st nd — — rd th 5 1 McKinleyth 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, 1989-2000, S.Pub. 107-10, 107th Cong., 1st sess. (Washington: GPO, 2001)— — th th — — 4 — 8 — 51 -52 53 -54 55 -57 T. Roosevelt 57 -60 Taft 61st -62nd Wilson rd 63 -66 th th Harding 67 1 — Coolidge th th — — Hoover st 71 -72 nd 2 — F. D. Roosevelt 73rd -79th Truman Eisenhower Kennedy 68 -70 1 1 th nd 1 1 rd th 3 1 th th — — th th — — 79 -82 83 -86 87 -88 L. B. Johnson 88 -90 Nixon 91st -93rd Ford Carter Reagan 5 1 rd th 5 3 th th 2 — 6 1 8 — 14 — 2 — 82 12 93 -94 95 -96 th 97 -100 th st nd G. H. W. Bush 101 -102 Clinton 103rd -106th G. W. Bush Total th 107 -110 th Sources: U.S. Congress, Senate, Secretary of the Senate, “Vetoes” Web page, available at [http://www.senate.gov/reference/reference_index_subjects/Vetoes_vrd.htm]. crsphpgw