The Presidential Veto and Congressional Procedure

The Presidential Veto and Congressional Procedure

Order Code 98-156 GOV
Updated January 29, 2001
CRS Report for Congress
Received through the CRS Web
The Presidential Veto and
Congressional Procedure
Gary L. Galemore
Analyst in American National Government
Government and Finance Division
Summary
Vetoes cast by the President represent a rejection of the will and intent of the
majority in Congress as expressed in legislation. Presidential vetoes, and veto overrides,
are often the reason for, or a reflection of, serious conflict between Congress and the
President. The threat of a presidential veto can prompt the modification of bills moving
through the legislative process. When appropriations measures are vetoed and Congress
and the President cannot come to an agreement, the result can be the closure of federal
agencies and the shutdown of federal programs and services.
Historically, 1,484 bills have been vetoed by Presidents, while another 1,066 have
experienced a “pocket” veto. Only 7.2%, or 106, of the 1,484 regular vetoes have been
overridden by Congress. If pocket vetoes are included with regular vetoes, Congress has
overturned only 4.2% of all presidential vetoes. see CRS Report 98-157, Congressional
Overrides of Presidential Vetoes, CRS Report 98-148, Presidential Vetoes, 1789-
Present: A Summary Overview, and CRS Report 98-147, President Clinton’s Vetoes.
All veto reports are updated regularly.
Veto Process
When presented with legislation passed by both houses of Congress, the President
may sign it into law within the 10-day period prescribed in the Constitution (Article I,
Section 7), let it become law without his signature, or veto the bill. All bills and joint
resolutions, except those proposing amendments to the Constitution, require the
President’s approval before they become law. Amendments to the Constitution, which
require a two-thirds vote of approval in each chamber, are sent directly to the states for
ratification.
When Congress is in session, the President must exercise his veto within the
prescribed 10-day period and return the rejected bill to Congress with the reasons for his
veto. If the President neither signs nor vetoes legislation sent to him, it will become law
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without his signature. If, however, Congress has adjourned, preventing the return of a bill,
the President may withhold his signature, with the result that the bill neither becomes law
nor is returned to Congress for further action. This latter practice is known as a “pocket
veto.” Moreover, unlike the situation when a vetoed bill is returned, Congress does not
have the opportunity or constitutional authority to override. (Only 19 states grant their
governors pocket veto authority.)
Congressional Procedure
Congressional procedure for reconsidering vetoed legislation is similar in both the
House and Senate. Congressional action on a vetoed measure begins when the President
returns the bill to the chamber of origin along with his objections in the form of a veto
message. Once the vetoed legislation has been received by the originating chamber, that
house is constitutionally required “to reconsider” the vetoed bill. The Constitution is
silent, however, on the definition of “reconsideration.” Procedure and tradition govern the
treatment of vetoed bills returned by the President. On receipt of the vetoed bill, the
President’s message is read into the journal of the receiving house. After entering the
message into the journal, the House of Representatives or the Senate complies with the
constitutional requirement “to reconsider” by laying the measure on the table (essentially
killing it), referring the bill back to committee, postponing consideration to a certain day,
or immediately voting on reconsideration (vote on override).
Action by both the House and the Senate is mandated. A two-thirds majority vote
by Members present (provided there is a quorum), and not of those elected, is required
to override a presidential veto. When one house fails to override, the other house will not
attempt to override, even if the votes are present to succeed. Senate or House of
Representatives action on a veto may be taken at any time during a Congress in which the
veto is received. Most often, however, if a vote or other action is to occur, it will take
place within a week or two of the veto’s being cast.

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1. Presidential Vetoes, 1789-Present
Congresses
coincident
Regular
Pocket
Total
Vetoes
President
with terms
vetoes
vetoes
vetoes
overridden
Washington
1, 2, 3, 4
2
2
—
Adams
5, 6
—
—
—
—
Jefferson
7, 8, 9, 10
—
—
—
—
Madison
11, 12, 13, 14
5
2
7
—
Monroe
15, 16, 17, 18
1
—
1
—
J.Q. Adams
19, 20
—
—
—
—
Jackson
21, 22, 23, 24
5
7
12
—
Van Buren
25, 26
—
1
1
—
W.H. Harrison
27
—
—
—
—
Tyler
27, 28
6
4
10
1
Polk
29, 30
2
1
3
—
Taylor
31
—
—
—
—
Fillmore
31, 32
—
—
—
—
Pierce
33, 34
9
—
9
5
Buchanan
35, 36
4
3
7
—
Lincoln
37, 38, 39
2
5
7
—
A. Johnson
39, 40
21
8
29
15
Grant
41, 42, 43, 44
45
48
93
4
Hayes
45, 46
12
1
13
1
Garfield
47
—
—
—
—
Arthur
47, 48
4
8
12
1
Cleveland
49, 50
304
110
414
2
B. Harrison
51, 52
19
25
44
1
Cleveland
53, 54
42
128
170
5
McKinley
55, 56, 57
6
36
42
—
T. Roosevelt
57, 58, 59, 60
42
40
82
1
W. H. Taft
61, 62
30
9
39
1
Wilson
63, 64, 65, 66
33
11
44
6

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Congresses
coincident
Regular
Pocket
Total
Vetoes
President
with terms
vetoes
vetoes
vetoes
overridden
Harding
67
5
1
6
—
Coolidge
68, 69, 70
20
30
50
4
Hoover
71, 72
21
16
37
3
F.D. Roosevelt
73, 74, 75,
372
263
635
9
76, 77, 78, 79
Truman
79, 80, 81, 82
180
70
250
12
Eisenhower
83, 84, 85, 86
73
108
181
2
Kennedy
87, 88
12
9
21
—
L.B. Johnson
88, 89, 90
16
14
30
—
Nixon
91, 92, 93
26
17
43
7
Ford
93, 94
48
18
66
12
Carter
95, 96
13
18
31
2
Reagan
97, 98, 99,
39
39
78
9
100
Bush1
101, 102
29
15
44
1
Clinton
103, 104,
36
0
36
2
105, 106
TOTAL
1,484
1,066
2,550
106
Source: U.S. Congress, Secretary of the Senate, Presidential Vetoes, 1989-1996 (Washington:
GPO, 1992), 12 pp. S. Pub. 105-22. U.S. Congress, Secretary of the Senate, Presidential Vetoes,
1789-1988 (Washington: GPO, 1992), 595 pp. S. Pub. 102-12.
1 President Bush attempted to pocket veto 2 bills during intrasession recess periods. Congress
considered the two bills enacted into law because of the President’s failure to return the legislation.
The bills are not counted in this table.

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References
Robert J. Spitzer, The Presidential Veto: Touchstone of the American Presidency
(Albany, N.Y.: State University of New York Press, 1988).
U.S. Congress, House Parliamentarian, Constitution, Jefferson’s Manual and Rules of the
House of Representatives of the United States One Hundred Fourth Congress, H.
Doc. No. 103-342, 103rd Cong., 2nd sess. (Washington: GPO, 1995), see Sec. 108,
consideration of a vetoed bill in the House, pp. 50-51.
CRS Reports
CRS Report 98-157. Congressional Overrides of Presidential Vetoes, by Gary L.
Galemore.
CRS Report 98-148. Presidential Vetoes, 1789-Present: A Summary Overview, by Gary
L. Galemore.
CRS Report 98-147. President Clinton’s Vetoes, by Gary L. Galemore.