Presidential Vetoes, 1789-Present: A Summary Overview

Presidential Vetoes, 1789-Present: A Summary Overview

Order Code 98-148 GOV
Updated June 23, 2003
CRS Report for Congress
Received through the CRS Web
Presidential Vetoes, 1789-Present:
A Summary Overview
Gary L. Galemore
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 proved to be an effective tool for the Chief Executive in his dealings with Congress.
Since the beginning of the federal government in 1789, 35 of 42 Presidents have
exercised their veto authority 2,550 times. Of that total number, 1,484 have been
returned 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
were pocket vetoed or rejected while Congress was adjourned. Congress has challenged
the President’s veto 313 times and succeeded in overriding on 106 occasions.
How Vetoes Work
After legislation has been approved by both houses of Congress and presented to the
President, he may sign it into law within the 10-day period prescribed in the Constitution,
let it become law without his signature, or veto it. To become law, congressionally
approved bills and joint resolutions, except those proposing amendments to the
Constitution, must be presented to the President for final action. Amendments to the
Constitution, which require a two-thirds vote in each house, are sent directly to the states
for approval. If Congress is in session when the President exercises his veto authority,
the disapproved bill is returned to the house where it originated along with a presidential
message explaining the reasons for its rejection. To sustain a veto, the President needs
the vote of only one more than one-third of a quorum in either the House of
Representatives or the Senate.1
1 A quorum is defined as the number of members whose presence is necessary for the transaction
of business. In the Senate and House, it is a majority of the membership (when there are no
vacancies, this is 51 in the Senate and 218 in the House). A quorum is 100 in the Committee of
the Whole House.
Congressional Research Service ˜ The Library of Congress

CRS-2
If Congress has adjourned, preventing the return of a bill, the President may withhold
his signature beyond the constitutionally prescribed 10-day action period and the bill
neither becomes law nor is returned to Congress for further action. This practice has been
dubbed a “pocket veto.” Unlike the situation when a vetoed bill is returned to a house in
session, Congress does not have an opportunity or constitutional authority to override a
pocket veto.
Congressional procedure for reconsidering vetoed legislation is similar in both the
House and the Senate. Congressional action on a vetoed measure begins when the
President returns the bill to the house of origin along with a veto message indicating his
objections. Once the vetoed legislation has been received, the originating chamber is
constitutionally required “to reconsider” the vetoed bill. The Constitution is silent,
however, on the definition of “reconsideration.” In lieu of constitutional direction, House
and Senate procedures and tradition govern the treatment of vetoed bills returned by the
President. Upon receiving a vetoed bill, the President’s message is read into the journal
of the house to which it was directed, and the constitutional requirement “to reconsider”
is realized by laying the measure on the table, referring the bill back to committee,
postponing consideration to a certain day, or immediately voting to override.
Table 1. Presidential Vetoes, 1789-Present:
A Summary Overview
Coincident
Regular
Pocket
Total
Vetoes
President
Congresses
Vetoes
Vetoes
Vetoes
Overridden
Washington
1st-4th
2
--
2
--
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
--
W.H. Harrison
27th
--
--
--
--
Tyler
27th-28th
6
4
10
1
Polk
29th-30th
2
1
3
--
Taylor
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

CRS-3
Coincident
Regular
Pocket
Total
Vetoes
President
Congresses
Vetoes
Vetoes
Vetoes
Overridden
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
H. 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
--
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. Bush2
101st-102nd
29
15
44
1
Clinton
103rd-106th
36
1
37
2
Total
1,484
1,066
2,550
106
Sources: U.S. Congress, Senate, Secretary of the Senate, Presidential Vetoes, 1789-1988, S.Pub. 102-
12, 103rd Cong., 2nd sess. (Washington: GPO, 1992); —. Presidential Vetoes, 1989-1991, S.Pub. 102-
13, 103rd Cong., 2nd sess. (Washington: GPO, 1992).
2 President George H. W. Bush attempted to pocket veto 2 bills during intrasession recess
periods. Congress considered the 2 bills enacted into law because of the President’s failure to
return the legislation. The bills are not counted as pocket vetoes in this table.