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1 (April 7, 2004)

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                                                                   Order Code 98-148
                                                                Updated  April 7, 2004



 CRS Report for Congress

               Received through the CRS Web



         Presidential Vetoes, 1789-Present:
                    A  Summary Overview

                         Mitchel A. Sollenberger
                Analyst in American  National Government
                    Government   and  Finance Division


Summary


     The veto power vested in the President by Article I, Section 7 of the Constitution
 has proved to be an effective tool for the chief executive in his dealings with Congress.

     Since the beginning of the federal government in 1789, 35 of 43 Presidents have
 exercised their veto authority a total of 2,550 times. Of that total number, 1,484 have
 been returned vetoes - that is, the rejected legislation was returned to the congressional
 house of origin, while it was in session, with a presidential message of explanation -
 and 1,066 were pocket vetoed, or rejected while Congress was adjourned. Congress has
 challenged the President's veto 313 times and succeeded in overriding on 106 occasions.


 How  Vetoes   Work

    After legislation has been approved by both houses of Congress and presented to the
President, he may sign it into law within the 10-day period prescribed in the Constitution,
let it become law without his signature, or veto it. To become law, congressionally
approved bills and joint resolutions, except those proposing amendments to the
Constitution, must be presented to the President for final action. Amendments to the
Constitution, which require a two-thirds vote in each house, are sent directly to the states
for approval. If Congress is in session when the President exercises his veto authority,
the disapproved bill is returned to the house where it originated, along with a presidential
message explaining the reasons for its rejection. To sustain a veto, the President needs
the vote of only one more than one-third of a quorum in either the House of
Representatives or the Senate.




1 A quorum is defined as the number of members whose presence is necessary for the transaction
of business. In the Senate and House, it is a majority of the membership (when there are no
vacancies, this is 51 in the Senate and 218 in the House). A quorum is 100 in the Committee of
the Whole House.

       Congressional  Research  Service +  The Library of Congress

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