Article I, Section 7 of the Constitution gives the President the power to return legislation passed by Congress with written objections — a veto. Congress can override a veto, but doing so requires a two-thirds majority in both the House and Senate, a threshold that is rarely achieved. As a result, the veto threat alone functions as a powerful tool that shapes legislation before it ever reaches the President's desk.

The Constitutional Mechanics

After both chambers pass identical text, the bill is enrolled and transmitted to the President. The President then has 10 days (excluding Sundays) to act. Four paths exist:

Sign the bill. It becomes law on the date of signature, or the effective date specified in the bill if different.

Veto the bill. The President returns the bill to the originating chamber — typically the House — with a veto message explaining the objections. The Constitution requires the message be transmitted; a veto without written objections would be constitutionally irregular.

Take no action while Congress is in session. After 10 days without either a signature or a veto, the bill becomes law automatically, as if the President had signed it. Presidents occasionally let bills become law this way to signal displeasure without formally rejecting them.

Pocket veto. If Congress adjourns before the 10-day period expires and the President takes no action, the bill dies — it neither becomes law nor is returned to Congress for a potential override. Because Congress is not in session to receive the returned bill, no override is possible. This is the "pocket veto."

The Override Process

To override a veto, both the House and Senate must pass the same bill again by a two-thirds majority of members present and voting. The originating chamber votes first; if that chamber fails to achieve two-thirds, the override attempt fails and the veto stands without a Senate vote.

Two-thirds of the House present and voting means approximately 290 votes when all members are present. Two-thirds of the Senate means 67 votes. Both chambers must reach their respective thresholds for the override to succeed.

Veto overrides are rare. Most vetoed legislation reflects a genuine political disagreement between the President and Congress that two-thirds agreement can't bridge. Presidents veto bills specifically because they calculate Congress cannot override. Since 1789, presidents have issued 1,533 regular vetoes (bills returned to Congress) and 1,066 pocket vetoes, for 2,599 in total; of the regular vetoes, Congress has overridden 112 — roughly 7%.

The Veto as a Negotiating Tool

The veto's more common function is as a constraint on what Congress passes, rather than an actual block on enacted legislation. When the White House issues a Statement of Administration Policy (SAP) warning that the President will veto a bill in its current form, Congress must decide whether to modify the bill to secure the President's signature or pass it knowing it will be vetoed.

A bill passed over a veto threat can still serve political purposes — it puts the President on record as opposing something popular, creates an issue for the next election, or pressures the President to negotiate. But it rarely becomes law. The strategic value of forcing a veto is usually messaging, not legislation.

Line-Item Veto: What It Is and Why It's Unconstitutional

Congress experimented with giving the President a line-item veto — the ability to veto specific provisions of spending bills rather than the entire bill — through the Line Item Veto Act of 1996. The Supreme Court struck it down in Clinton v. City of New York (1998), 524 U.S. 417, holding that the Constitution requires the President to either sign or veto the entire bill, not selectively cancel portions of it. No line-item veto authority currently exists at the federal level.

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