A presidential veto is the constitutional power of a president to prevent a bill passed by the legislature from becoming law by refusing approval and returning it to the legislature with objections, subject to the constitutional rules of the particular country. The term is especially associated with the United States, where the President can veto legislation passed by both the House of Representatives and Senate.
A presidential veto is therefore part of the legislative process rather than simply an executive administrative decision. In the United States, the Constitution permits Congress to override a presidential veto if two thirds of both the House and Senate vote to pass the bill again. The veto consequently creates a formal check between the legislative and executive branches rather than giving the President an unlimited ability to block legislation permanently.
In the United States, the veto process is governed by Article I, Section 7. After both chambers have passed a bill, it is presented to the President. If the President approves it, the President signs it. If the President objects, the bill is returned to the chamber where it originated with the objections. That chamber records the objections and reconsideration can occur.
If two thirds of that chamber votes to pass the bill, it goes to the other chamber, which must also approve it by two thirds for the bill to become law despite the veto. This mechanism means that the President's veto is a delaying or blocking power that can be overcome by a sufficiently large congressional majority.
The United States system also recognises a distinction between a regular veto and a pocket veto. If the President does not return a bill within ten days, excluding Sundays, the bill generally becomes law without a signature if Congress remains available to receive it. If Congress adjourns in a manner that prevents the President from returning the bill, the Constitution provides that the bill does not become law. This latter situation is commonly known as a pocket veto. A regular veto generates a presidential message and can be overridden by the required two thirds vote in both chambers. A pocket veto operates differently because the bill does not become law and Congress cannot override it in the same manner.
A presidential veto should be distinguished from a line item veto, legislative veto and executive order. A traditional presidential veto applies to a bill or legislative measure presented for presidential approval. A line item veto would allow an executive to reject individual spending provisions while accepting the remainder, but the constitutional availability of such a power depends on the particular legal system. A legislative veto is instead an attempted legislative disapproval of executive action.
An executive order is a presidential directive concerning executive administration or implementation of legal authority and is not itself the same mechanism as rejecting a bill passed by the legislature. These distinctions are essential because the institutions involved and constitutional procedures differ even though each mechanism can affect governmental policy.
The presidential veto is an example of checks and balances. The legislature has the primary role of passing legislation, but the executive participates in the legislative process through the veto. The legislature can nevertheless overcome the veto under the constitutional supermajority requirement. The system therefore creates incentives for negotiation, compromise and consideration of executive objections while preserving legislative authority to enact a measure despite presidential opposition when the required majority exists.
The veto does not mean that the President can rewrite a bill unilaterally. The constitutional procedure is based on approval, rejection and possible legislative override. The US Senate describes the two thirds requirement in both chambers as the mechanism by which Congress can override a presidential veto.
Presidential veto arrangements vary internationally. Some presidential constitutions provide an absolute veto that cannot ordinarily be overridden, while others provide a suspensive veto that can be overcome by a specified legislative majority. Some systems permit constitutional review before or after presidential approval, and some distinguish between ordinary legislation and constitutional amendments or budget measures. The vocabulary may also differ, with terms such as presidential assent, refusal, return, objection or promulgation being used instead of veto.
Consequently, the United States model should not be treated as universal. The general concept is that an executive head of state or government possesses a constitutionally defined power to withhold approval from legislation, while the precise consequences depend on the constitution and legislative procedure of the jurisdiction.
A presidential veto can affect the timing as well as the final fate of legislation. Returning a bill with objections requires the legislature to reconsider the measure and may lead to amendments or negotiations. If the legislature cannot obtain the necessary override majority, the bill fails to become law in that form. If the override succeeds, the bill becomes law despite presidential opposition. The veto therefore operates at the boundary between legislative decision making and executive participation in law making.
Historical veto records can also reveal how frequently presidents have used the power and how often Congress has overridden it, although numerical comparisons must account for differences between presidents, political circumstances and legislative compositions. The US Senate maintains historical records of presidential vetoes and veto overrides.
The fundamental legal distinction is that a presidential veto concerns a legislative measure that has already passed the legislature but has not yet completed the constitutional process required for it to become law. It is therefore different from refusing to implement an existing statute, challenging a law in court or issuing an executive order. In the United States, the President's veto is constitutionally integrated into the presentment process and is subject to congressional override by two thirds of both chambers. The mechanism reflects the constitutional design of divided governmental powers, in which legislation requires cooperation among institutions rather than unilateral action by either the legislature or executive.
