Regular Vetoes and Pocket Vetoes: In Brief

Order Code RS22188 Updated July 18, 2008 Regular Vetoes and Pocket Vetoes: An Overview Kevin R. Kosar Analyst in American National Government Government and Finance DivisionOctober 18, 2010 Congressional Research Service 7-5700 www.crs.gov RS22188 CRS Report for Congress Prepared for Members and Committees of Congress Regular Vetoes and Pocket Vetoes: An Overview 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, 3637 of 4344 Presidents have exercised their veto authority a total of 2,562 2,564 times. Congress has overridden these vetoes on 110 occasions (4.3%). Presidents have vetoed 8283 appropriations bills, and Congress has overridden 12 (14.65%) of these vetoes. This report will be updated as 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 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 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. CRS-2 2,562 bills since 1789; of these, Congress has overridden 110 (4.3%). 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.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. 4 On these types of vetoes, see CRS Report RL33635, Item Veto and Expanded Impoundment Proposals: 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 438 Presidents have exercised their veto authority on a total of 2,562 occasions. Of that number, 1,496 (58.4%) 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 (41.6%) were pocket vetoes, or rejected while Congress was adjourned.9 Congress has overridden 110 (7.4%) of the 1,496 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).10 If one counts only the normal vetoes since 1961 (the beginning of the Kennedy Administration), one finds 231 vetoes and 37 overridden (16%). 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, 1789-2008 President Washington Coincident Regular Vetoes Congresses 1st -4th th th J. Adams 5 -6 Jefferson 7th -10th Madison 2 — 2 — — — — — — — — — 5 2 7 — th th 1 — 1 — 11 -14 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 — — — — — 21 -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. 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. 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 Tyler Polk Taylor Fillmore Pierce Buchanan Coincident Regular Vetoes Congresses 27th -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 35 -36 4 3 7 — th 37 -39 th 2 5 7 — A. Johnson th 39 -40 th 21 8 29 15 Grant 41st-44th 45 48 93 4 12 1 13 1 Lincoln Hayes th 45 -46 th th Garfield 47 — — — — Arthur th th 4 8 12 1 th th 304 110 414 2 47 -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 Taft st 61 -62 nd 30 9 39 1 Wilson 63rd -66th 33 11 44 6 Cleveland 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 F. 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 — Nixon st 91 -93 rd 26 17 43 7 Ford 93rd -94th 48 18 66 12 Eisenhower Kennedy L. B. Johnson Carter 83 -86 87 -88 88 -90 th 95 -96 th 13 18 31 2 th 39 39 78 9 st nd 29 15 44 1 Clinton rd 103 -106 th 36 1 37 2 G. W. Bush 107th -110th 12 — 12 4 1,496 1,066 2,562 110 Reagan G. H. W. Bush Total th 97 -100 101 -102 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]. 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.11 Despite these high stakes, Presidents have vetoed 82 appropriations bills since 1789; more than half of these vetoes have occurred since 1968.12 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%).13 President George W. Bush has vetoed two appropriations bills. Congressional overrides of vetoes of appropriations are not unusual; 12 of the 82 vetoes (14.6%) have been overridden (see Table 2). Table 2. Appropriations Bills Vetoed, 1789-2008 President Washington Adams Jefferson Coincident Congresses Approp. Acts Vetoed Vetoes of Approp. Acts Overridden 1st -4th — — — — th 5 -6 th th 7 -10 th — — Madison 11 -14 th — — Monroe 15th -18th J. Q. Adams Jackson Van Buren W. H. Harrison Tyler Polk 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). 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 Report RS20719, Vetoed Annual Appropriation Acts: Presidents Carter Through Clinton, by Mitchell Sollenberger (out of print; available from Kevin R. Kosar). CRS-6 President Hayes Coincident Congresses Approp. Acts Vetoed Vetoes of Approp. Acts Overridden 45th-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 th th — — 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]. During the 111th Congress, President Barack H. Obama has vetoed two bills, H.J.Res. 64, an FY2010 appropriations measure, and H.R. 3808, the Interstate Recognition of Notarizations Act of 2010. This report will be updated as events warrant. Congressional Research Service Regular Vetoes and Pocket Vetoes: An Overview Contents Constitutional Basis and Importance ...........................................................................................1 Overriding a Veto........................................................................................................................1 Vetoes Exercised and Overridden ................................................................................................2 Regular Vetoes and Pocket Vetoes .........................................................................................2 Vetoes of Appropriation Bills ................................................................................................4 Tables Table 1. Presidential Vetoes, 1789-2010 ......................................................................................3 Table 2. Appropriations Bills Vetoed, 1789-2010.........................................................................5 Contacts Author Contact Information ........................................................................................................6 Acknowledgments ......................................................................................................................6 Congressional Research Service Regular Vetoes and Pocket Vetoes: An Overview 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. The President may sign a bill into law within the 10-day period (excluding Sundays) provided in the Constitution,1 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. 2 The President’s veto authority is among his most significant tools in legislative dealings with Congress. Illustrative of this point is the fact that Presidents have vetoed 2,564 bills since 1789; of these, Congress has overridden 110 (4.3%). 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). 3 It also does not address presidential signing statements.4 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 1 U.S. Constitution, Art. I, Sec. 7. Beginning in 1929, several judicial decisions have attempted to clarify when an adjournment by Congress prevents the President from returning a veto. In recent decades, Presidents occasionally have claimed to have pocket vetoed a bill but then have returned the legislation to Congress. This practice, often called a “protective return veto,” is controversial. See CRS Report RL30909, The Pocket Veto: Its Current Status, by Louis Fisher (out of print; available from Kevin R. Kosar). 3 On these types of vetoes, see CRS Report RL33635, Item Veto and Expanded Impoundment Proposals: History and Current Status, by Virginia A. 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. 4 CRS Report RL33667, Presidential Signing Statements: Constitutional and Institutional Implications, by T. J. Halstead. 2 Congressional Research Service 1 Regular Vetoes and Pocket Vetoes: An Overview President.5 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. 6 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. Vetoes Exercised and Overridden Regular Vetoes and Pocket Vetoes Table 1 shows that, since the beginning of the federal government in 1789, 37 of 447 Presidents have exercised their veto authority on a total of 2,564 occasions. Of that number, 1,497 (58.4%) 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 1,067 (41.6%) were pocket vetoes, or rejected while Congress was adjourned. 8 Congress has overridden 110 (7.3%) of the 1,497 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).9 If one counts only the regular vetoes since 1961 (the beginning of the Kennedy Administration), one finds 232 vetoes and 37 overridden (15.9%). 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 (1801-1809) has served two terms without vetoing a bill. 5 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. 6 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. 7 There have been 44 presidencies, but only 43 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. President George W. Bush characterized his veto of H.R. 1585 as a pocket veto. Since the 110th Congress treated it as a regular veto, this report counts H.R. 1585 as a regular veto. 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) 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 98-628, Private Bills: Procedure in the House, by Richard S. Beth. Congressional Research Service 2 Regular Vetoes and Pocket Vetoes: An Overview Table 1. Presidential Vetoes, 1789-2010 Coincident Congresses Regular Vetoes Washington 1st -4th 2 — 2 — J. Adams 5th -6th — — — — Jefferson 7th -10th — — — — Madison 11th -14th 5 2 7 — Monroe 15th -18th 1 — 1 — J. Q. Adams 19th -20th — — — — Jackson 21st -24th 5 7 12 — Van Buren 25th -26th — 1 1 — 27th — — — — Tyler 27th -28th 6 4 10 1 Polk 29th -30th 2 1 3 — 31st — — — — Fillmore 31st -32nd — — — — Pierce 33rd -34th 9 — 9 5 Buchanan 35th -36th 4 3 7 — Lincoln 37th -39th 2 5 7 — A. Johnson 39th -40th 21 8 29 15 Grant 41st -44th 45 48 93 4 Hayes 45th -46th 12 1 13 1 Garfield 47th — — — — Arthur 47th -48th 4 8 12 1 Cleveland 49th -50th 304 110 414 2 B. Harrison 51st -52nd 19 25 44 1 Cleveland 53rd -54th 42 128 170 5 McKinley 55th -57th 6 36 42 — T. Roosevelt 57th -60th 42 40 82 1 Taft 61st -62nd 30 9 39 1 Wilson 63rd -66th 33 11 44 6 Harding 67th 5 1 6 — Coolidge 68th -70th 20 30 50 4 Hoover 71st -72nd 21 16 37 3 F. D. Roosevelt 73rd -79th 372 263 635 9 Truman 79th -82nd 180 70 250 12 Eisenhower 83rd -86th 73 108 181 2 Kennedy 87th -88th 12 9 21 — President W. H. Harrison Taylor Congressional Research Service Pocket Vetoes Total Vetoes Vetoes Overridden 3 Regular Vetoes and Pocket Vetoes: An Overview President Coincident Congresses Regular Vetoes Pocket Vetoes Total Vetoes Vetoes Overridden L. B. Johnson 88th -90th 16 14 30 — Nixon 91st -93rd 26 17 43 7 Ford 93rd -94th 48 18 66 12 Carter 95th -96th 13 18 31 2 Reagan 97th -100th 39 39 78 9 G. H. W. Bush 101st -102nd 29 15 44 1 Clinton 103rd -106th 36 1 37 2 G. W. Bush 107th -110th 12 — 12 4 111th - 1 1 — — 1,497 1,067 2,564 110 Obama Total 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. 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. 10 Despite these high stakes, Presidents have vetoed 83 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%).12 President George W. Bush vetoed two appropriations bills. Congressional overrides of vetoes of appropriations are not unusual; 12 of the 83 vetoes (14.5%) have been overridden (see Table 2). 10 For additional information on federal government shutdowns, see CRS Report RL34680, Shutdown of the Federal Government: Causes, Processes, and Effects, by Clinton T. Brass. 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. 12 CRS Report RS20719, Vetoed Annual Appropriation Acts: Presidents Carter Through Clinton, by Mitchell Sollenberger (out of print; available from Kevin R. Kosar). Congressional Research Service 4 Regular Vetoes and Pocket Vetoes: An Overview Table 2. Appropriations Bills Vetoed, 1789-2010 President Coincident Congresses Approp. Acts Vetoed Vetoes of Approp. Acts Overridden Washington 1st -4th — — Adams 5th -6th — — Jefferson 7th -10th — — Madison 11th -14th — — Monroe 15th -18th — — J. Q. Adams 19th -20th — — Jackson 21st -24th — — Van Buren 25th -26th — — 27th — — Tyler 27th -28th 2 — Polk 29th -30th 1 — 31st — — Fillmore 31st -32nd — — Pierce 33rd -34th 4 2 Buchanan 35th -36th 1 — Lincoln 37th -39th — — A. Johnson 39th -40th — — Grant 41st -44th — — Hayes 45th -46th 5 — Garfield 47th — — Arthur 47th -48th 1 1 Cleveland 49th -50th 1 — B. Harrison 51st -52nd — — Cleveland 53rd -54th 5 1 McKinley 55th -57th — — T. Roosevelt 57th -60th — — Taft 61st -62nd 4 — Wilson 63rd -66th 8 — Harding 67th 1 — Coolidge 68th -70th — — Hoover 71st -72nd 2 — F. D. Roosevelt 73rd -79th 1 1 Truman 79th -82nd 1 1 Eisenhower 83rd -86th 3 1 Kennedy 87th -88th — — W. H. Harrison Taylor Congressional Research Service 5 Regular Vetoes and Pocket Vetoes: An Overview President Coincident Congresses Approp. Acts Vetoed Vetoes of Approp. Acts Overridden L. B. Johnson 88th -90th — — Nixon 91st -93rd 5 1 Ford 93rd -94th 5 3 Carter 95th -96th 2 — Reagan 97th -100th 6 1 G. H. W. Bush 101st -102nd 8 — Clinton 103rd -106th 14 — G. W. Bush 107th -110th 2 — 111th - 1 — 83 12 Obama Total 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. Author Contact Information Kevin R. Kosar Analyst in American National Government kkosar@crs.loc.gov, 7-3968 Acknowledgments Pamela A. Hairston, CRS Information Research Specialist, has provided assistance in updating the veto statistics in this report. Congressional Research Service 6