Congressional Overrides of Presidential Vetoes

Congressional Overrides of Presidential Vetoes

Order Code 98-157 GOV
Updated January 29, 2001
CRS Report for Congress
Received through the CRS Web
Congressional Overrides of Presidential
Vetoes
Gary L. Galemore
Analyst in American National Government
Government and Finance Division
Summary
The President’s veto authority is among his most significant tools in legislative
dealings with Congress. It is effective not only in preventing the passage of legislation
undesirable to the President, but also as a threat, sometimes forcing Congress to modify
legislation before it is presented to the President. Students of executive-legislative
relations suggest that Congress’s strength rests with passing statutes and the President’s
in vetoing them. Illustrative of this point is the fact that Presidents have vetoed 1,484
bills and Congress has overridden only 106 of them.
President William Clinton has vetoed 37 bills. Congress has overridden two of
these vetoes, one was pocket vetoed. As a veto threat is carried out, Congress is faced
with choices: letting the veto stand, the difficult task of overriding the veto, meeting the
President’s objections and sending a new bill forward, or resubmitting the same
provisions under a new bill number.1 In the case of vetoed appropriations bills, the result
can be the closure of federal agencies and the furlough of hundreds of thousands of
federal employees, with the inevitable disruption of federal programs and services. see
CRS Report 98-156, The Presidential Veto and Congressional Procedure, 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.
Background
Historically, the veto power granted the President in the Constitution has proven to
be an effective tool for the Chief Executive in his dealings with Congress. Article I,
Section 7 of the Constitution provides, in effect, that a President needs the vote of only
1 H.R. 1854 was vetoed October 3, 1995. See: Legislative Branch Appropriations Act,
1996—Veto Message from the President of the United States (H.Doc.No. 104-122), in
Congressional Record, daily edition, vol. 141, Oct. 6, 1995, pp. H 9741-9742. H.R. 2492, the
Legislative Branch Appropriations Act, 1996, identical to H.R. 1854, passed the House October
31, passed the Senate November 2, and was signed into law on November 19 (P.L. 104-53).
Congressional Research Service ˜ The Library of Congress

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one more than one-third in either the House of Representatives or the Senate to sustain
a veto. Congressional procedure and tradition, not the Constitution, have determined that
a vote of two-thirds of either or both houses of Congress means a vote of two-thirds of
those Members present and voting (provided there is a quorum) and not, as is the practice
in some states, two-thirds of those elected.
The Constitution states that, when the President vetoes a bill, “he shall return it with
his objections to the House in which it shall have originated.” This type of veto is referred
to as a regular or return veto. The returned veto then becomes a question of “high
privilege,” or, in other words, takes precedence over other pending business before
Congress. Neither house, however, is under any legal, constitutional, or procedural
obligation to schedule an override vote attempt, but may do so anytime during a Congress.
It is not unusual for Congress to make no effort to override a President’s veto if party
leaders feel they do not have sufficient votes. In still other cases, vetoes have been
challenged and sustained in one house, eliminating the need for a vote in the other
chamber.
Although a measure may have passed originally by a large majority vote in both
Houses, a two-thirds majority of those present in each chamber is required to override the
President’s veto. Prior to 1969, Congress overrode approximately 1 of every 18 (5.7%)
regular vetoes. Since 1969, Congress has been more successful, overriding about 1 out
of every 5 (18.3%) regular vetoes. See Table 1.

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1. Vetoes Overridden, 1789-Present
Regular
Regular
President
Veto
Override
President
Veto
Override
Washington
2
—
B. Harrison
19
1
Adams
—
—
Cleveland
—
—
Jefferson
—
—
(2nd term)
42
5
Madison
5
—
McKinley
6
—
Monroe
1
—
T. Roosevelt
42
1
J.Q. Adams
—
—
Taft
30
1
Jackson
5
—
Wilson
33
6
Van Buren
—
—
Harding
5
—
W.H. Harrison
—
—
Coolidge
20
4
Tyler
6
1
Hoover
21
3
Polk
2
—
F.D. Roosevelt
372
9
Taylor
__
—
Truman
180
12
Fillmore
—
—
Eisenhower
73
2
Pierce
9
5
Kennedy
12
—
Buchanan
4
—
L.B. Johnson
16
—
Lincoln
2
—
Nixon
26
7
A. Johnson
21
15
Ford
48
12
Grant
45
4
Carter
13
2
Hayes
12
1
Reagan
39
9
Garfield
—
—
Bush
29
1
Arthur
4
1
Clinton
36
2
Cleveland (1st term)
304
2
Totals
1484
106
President Clinton’s Vetoes
Of the 37 vetoes exercised by President Clinton, all but 1 have been regular vetoes,
which have been returned to Congress and subject to congressional override votes. Table
2 provides information about the Clinton vetoes.

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2. President Clinton’s Vetoes
Bill Number
Date of Veto
Title
Override Attempt
H.R. 1158
06/07/95
Second Supplemental Appropriations and Rescissions Act for
No attempt.
FY1995
S. 21
08/11/95
Bosnia and Herzegovina Self-Defense Act of 1995
No attempt.
H.R. 1854
10/03/95
Legislative Branch Appropriations for FY1996
No attempt.
H.R. 2586
11/13/95
Increase in the Statutory Debt Limit
No attempt.
H.J. Res. 115
11/14/95
Second Continuing Resolution for FY1996
No attempt.
H.R. 2491
12/06/95
Budget Reconciliation
No attempt.
H.R. 1977
12/18/95
Interior Appropriations for FY1996
House sustained 01/04/96 by 239-
177.
H.R. 2099
12/18/95
Veterans Affairs and Housing and Urban Development
No attempt.
Appropriations for FY1996
H.R. 2076
12/19/95
Commerce, Justice, and State Appropriations for FY1996
House sustained 01/03/96 by 240-
159.
H.R. 1058
12/19/95
Securities Litigation Reform Act
House overrode 12/20/95 by 319-
100. Senate overrode 12/22/95 by
68-30. Public Law 104-67.
H.R. 1530
12/28/95
Defense Authorizations for FY1996
House sustained 01/03/96 by 240-
156.
H.R. 4
01/09/96
Welfare Reform Act
No attempt.
H.R. 1833
04/10/96
Partial-Birth Abortion Ban Act of 1995
House overrode 09/19/96 by 285-
137. Senate sustained 09/26/96 by
57-41.
H.R. 1561
04/12/96
American Overseas Interest Act of 1996
House sustained 04/30/96 by 234-
188.
H.R. 956
05/02/96
Common Sense Product Liability Legal Reform Act of 1996
House sustained 05/09/96 by 258-
163.
H.R. 743
06/30/96
Teamwork for Employees and Managers Act of 1996
No attempt.
H.R. 2909
10/02/96
Amends Silvio O. Conte National Fish and Wildlife Refuge
No attempt.
Act
H.R. 1469
06/09/97
Flood Relief Bill
No attempt.
H.R. 1122
10/10/97
Partial Birth Abortion
House overrode 07/23/98 by 296-
132. Senate sustained 09/18/98
by 64-36.
H.R. 2631
11/13/97
Disapproving Cancellations
House overrode 02/05/98 by 347-
69. Senate overrode 02/25/98 by
78-20. P.L. 105-159.
S. 1502
05/20/98
D.C. Student Vouchers
No attempt.
H.R. 2709
06/23/98
Iran Sanctions bill
No attempt.
H.R. 2646
07/21/98
Education Savings Account
No attempt.
H.R. 4101
10/07/98
FY1999 Agriculture Appropriations
No attempt.
H.R. 1757
10/21/98
Foreign Affairs Reform
No attempt.
H.R. 2488
09/23/99
Tax Relief Bill
No attempt.
H.R. 2587
09/28/99
D.C. Appropriations, FY2000
No attempt.
H.R. 2606
10/18/99
FY00 Foreign Operations Spending
No attempt.
H.R. 2670
10/26/99
Commerce, Justice, and State Appropriations, FY00
No attempt.
H.R. 3064
11/03/99
District of Columbia Appropriations, FY2000
No attempt.
S. 1287
04/25/00
Nuclear Waste Policy Amendments of 2000
Senate sustained 05/03/00 by 64-
35.

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Bill Number
Date of Veto
Title
Override Attempt
H.R. 4810
08/05/00
Marriage Tax Relief Bill
House sustained 09/13/00 by 270-
158.
H.R. 8
08/31/00
Estate Tax Elimination Act
House sustained 09/07/00 by 274-
157.
H.R. 4733
10/07/00
Energy and Water Development Appropriations
House overrode 10/11/00 by 315-
98. Senate referred veto to
committee.
H.R. 4516
10/30/00
Legislative Branch and Treasury Appropriations
No attempt.
H.R. 4392
11/04/00
Intelligence Reauthorization Bill
No attempt.
H.R. 2415
12/19/00
Consumer Bankruptcy Overhaul Act
Pocket veto..

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References
U.S. Congress, Secretary of the Senate, Presidential Vetoes, 1789-1988 (Washington:
GP0, 1992), 595 pp. S. Pub. 102-12.
U.S. Congress, Secretary of the Senate, Presidential Vetoes, 1989-1991 (Washington:
GPO, 1992), 12 pp. S. Pub. 102-13.
CRS Reports
CRS Report 98-156. The Presidential Veto and Congressional Procedure, 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.