Vetoes and Overrides
The president's no, and how Congress can overcome it. 10 questions, each answer with its official source.
Test Yourself FirstWhat vote does Congress need to override a veto?
Two-thirds of both the House and the Senate
Under Article I, Section 7, a vetoed bill becomes law if two-thirds of each chamber agree to pass it again.
What does the president send back with a vetoed bill?
A message stating the objections
Article I, Section 7 has the president return the bill with objections, which the chamber enters in its journal.
Which chamber votes first on overriding a veto?
The chamber where the bill started
Article I, Section 7 says the president returns the bill to the house in which it originated, which then reconsiders it first.
Two-thirds of whom are needed to override a veto?
Two-thirds of the members present and voting, with a quorum present
The Supreme Court held in Missouri Pacific Railway Co. v. Kansas (1919) that the two-thirds in Article I, Section 7 counts members present and voting, as long as a quorum is present.
If all 435 House members vote, how many votes override a veto?
290
Two-thirds of 435 is 290. Article I, Section 7 counts those voting, so fewer votes are needed when some members do not vote.
If all 100 senators vote, how many votes override a veto?
67
Two-thirds of 100, rounded up, is 67.
Must override votes be recorded by name?
Yes, the Constitution requires the yeas and nays
Article I, Section 7 says that on an override the votes of both chambers are determined by yeas and nays, and the names of those voting for and against are entered in the journal.
One chamber overrides a veto but the other falls short of two-thirds. What happens?
The bill does not become law
Article I, Section 7 requires two-thirds in both chambers. If either one falls short, the veto stands.
Can the president veto only some parts of a bill?
No, the president must sign or veto the whole bill
In Clinton v. City of New York (1998) the Supreme Court struck down the Line Item Veto Act, holding that it conflicted with the process in Article I, Section 7.
Can Congress override a pocket veto?
No, the bill is never returned, so it must be passed again
Under Article I, Section 7 a pocket veto happens when Congress's adjournment prevents the bill's return, so there is no veto message to override.
Other Topics
- How Congress WorksHow a Bill Becomes LawFrom introduction to the president's desk
- How Congress WorksThe House435 voting members, elected every two years
- How Congress WorksThe SenateTwo senators per state, six-year terms
- How Congress WorksCommitteesWhere most bills are studied, amended or left to wait
- How Congress WorksFloor Votes and Roll CallsHow members vote and how votes are recorded
- How Congress WorksThe Filibuster and ClotureExtended debate in the Senate and how to end it
- How Congress WorksThe Budget and AppropriationsHow Congress decides what the government can spend
- How Congress WorksImpeachmentHow Congress can charge and remove federal officials
- How Congress WorksTreaties and NominationsThe Senate's advice and consent