Vetoes and Signing Statements

The veto is the President’s most direct role in lawmaking — often more powerful as a threat than as an action.

Every bill passed by Congress goes to the President, who can sign it, veto it, or let it take effect without a signature. A veto can be overridden only by two-thirds of both chambers, a bar Congress rarely clears. Signing statements, meanwhile, let Presidents sign a bill while announcing how they intend to interpret it.

If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated.

U.S. Constitution, Article I, Section 7
Time to act10 days (Sundays excepted)
Override2/3 of both chambers
Most vetoesFDR, 635

How the Veto Works

A regular veto sends the bill back to the chamber where it started, with the President’s objections. If that chamber and then the other each vote by two-thirds to override, the bill becomes law without the President. If the President neither signs nor vetoes within ten days while Congress is in session, the bill becomes law anyway.

The Pocket Veto

If Congress adjourns and prevents the bill’s return during those ten days, an unsigned bill dies. A pocket veto can’t be overridden — Congress has to start over. What counts as an adjournment that “prevents return” has been disputed between Presidents and Congress for decades.

Overrides

Building a two-thirds coalition in both chambers is hard, so fewer than one in ten regular vetoes have been overridden. Overrides tend to come when a President is politically weak or a bill has broad bipartisan support. Congress’s side of the process →

The Veto Threat

Much of the veto’s power works before any bill reaches the President. Formal Statements of Administration Policy warn Congress that a bill will be vetoed unless changed, and negotiators write around those objections.

Signing Statements

When signing a bill, a President may issue a written statement praising it, explaining it, or declaring that certain provisions will be interpreted narrowly or treated as unconstitutional. Critics argue this works like a veto Congress can’t override; defenders say Presidents have a duty to uphold the Constitution. Signing statements have no formal legal force, but they signal how the executive branch will carry out the law.

The Line-Item Veto

Worth knowing

Congress tried it; the Court struck it down

The Line Item Veto Act of 1996 let the President cancel individual spending items after signing a bill. In Clinton v. City of New York (1998), the Supreme Court held that it violated the Constitution’s process for making laws: the President must accept or reject a bill as a whole.