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The Veto: A constitutional protection turned into a political tool

Congress makes our laws and the president signs off on them. But what happens if the president doesn’t like the legislation or thinks it’s a bad idea?

By Charles Apple

The way lawmaking works: Congress makes the laws and then the president signs off on them. But what happens if the president doesn’t like the legislation or thinks it’s a bad idea? That might lead to a veto.

George Washington issued the young country’s very first presidential veto three years into his first term.

The Constitution — written in 1787 and the law of the land since 1788 — specifies that the House of Representatives and the Senate must pass the same version of a bill or joint resolution. If the versions are different, that must be resolved and the two chambers must vote again on the same version.

Only after that happens does the bill go to the president. He then has 10 days, excluding Sundays, to sign and return the legislation.

The president, of course, has the option of not signing the bill into law. Typically, the president might return the paperwork with a message explaining his objections to the bill.

Congress might then rework the bill to address those concerns. Or each chamber may vote to overrule the president. It takes a two-thirds vote in each chamber to overrule a presidential veto.

Also, if Congress happens to adjourn during that 10-day period, the president might simply not return the bill within those 10 days. That’s called a pocket veto.

Our nation’s first president, George Washington, felt strongly that Congress should do its job and he should do his. He went out of his way to not offer opinions on legislation that was discussed in Congress.

But that changed on April 5, 1792, when he vetoed a bill that would change the method of apportioning seats in the House of Representatives. This would have resulted in more seats for Northern states.

Washington — who, after all, was from Virginia — was disturbed by the bill. After consulting with his top advisers, Washington sent it back to the House, explaining he felt the legislation was unconstitutional. Congress would subsequent- ly throw out the bill and come up with a different, more numerically driven way of apportioning representatives.

President Mos. In Office Vetoes Issued Pocket Vetoes Vetoes Overridden
George Washington

96 2 0 0
John Adams

48 0 0 0
Thomas Jefferson

96 0 0 0
James Madison

In 1811, Congress passed an act incorporating the Episcopal Church in Alexandria, across the Potomac from Washington, D.C. James Madison saw it as a breech of the First Amendment's guarantee that "Congress shall make no law respecting the establishment of religion."

96 5 2 0
James Monroe

96 1 0 0
John Quincy Adams

48 0 0 0
Andrew Jackson

Most of the nation's early presidents felt the same way Washington did - that a president shouldn't veto a bill unless the president felt it was unconstitutional. As a result, the veto was not a tool used often for four or so decades.

That changed during the Andrew Jackson administration. The notoriously mercurial Jackson was upfront in declaring Congress should consult with him before it considered legislation and that he had no problem using the presidental veto for political purposes.

Jackson had a deep-seated distrust of banks and paper money. When the Second National Bank charter came up for renewal near the end of Jackson's first term in 1832, Jackson vetoed that renewal and explained why, in a angry missive that ouraged Congress but delighted Jackson's supporters.

As uphappy as Congress was with Jackson's veto, neither chamber could muster the votes to override him.

96 5 7 0
Martin Van Buren

48 0 1 0
William Henry Harrison

1 0 0 0
John Tyler

In 1845, President John Tyler vetoed a bill that would prohibit the president from authorizing the building of Coast Guard ships without the approval of - or money from - Congress. Congress overrode that veto - the first time that had happened to a presidental veto.

47 5 7 1
James K. Polk

48 2 1 0
Zachary Taylor

16 0 0 0
Millard Fillmore

32 0 0 0
Franklin Pierce

48 9 0 5
James Buchanan

48 4 3 0
Abraham Lincoln

49 2 5 0
Andrew Johnson

Andrew Johnson vetoed the Tenure of Office Act of 1867 that would keep him from changing Cabinet officers without the approval of the Senate. Congress overrode the veto, Johnson fired his subordinate secretary of war anyway and then became the first president to be impeached. The effort to remove him from office failed by one vote.

46 21 8 15
Ulysses S. Grant

When the panic of 1873 took hold, Congress passed what it called "the inflation Bill," which would require the U.S. treasury to print extra money. The idea was that this might help the nation's finances. Ulysses S. Grant, a firm believer in currency that was tied to gold reserves, vetoed the bill. This was one of the many bills to which Grant objected. On two occasions, Grant vetoed a bill, changed his mind and asked Congress to send it back to him to sign. Congress complied neither time.

96 45 48 4
Rutherford B. Hayes

48 12 1 1
James A. Garfield

6 0 0 0
Chester A. Arthur

41 4 8 1
Grover Cleveland

Grover Cleveland vetoed 584 bills over his two nonconsecutive terms in the White House. Most of these were questionable laws that granted Civil War pensions to cronies of members of Congress who never served in the war in the first place.

48 304 110 2
Benjamin Harrison

48 19 25 1
Grover Cleveland

48 42 128 5
William McKinley

54 6 36 0
Theodore Roosevelt

90 42 40 1
William H. Taft

48 30 9 1
Woodrow Wilson

In 1919, Congress overrode Woodrow Wilson's veto of the Volstead Act, which enabled laws enforcing Prohibition.

96 33 11 6
Warren G. Harding

29 5 1 0
Calvin Coolidge

In 1927, Calvin COolidge vetoed the McNary-Haugen Famr Relief Act, which would have built a massive federal system of subsidizing crop prices. "Such action would establish bureaucracy on such a scale as to dominate not only the economic life but the moral, social and political future of our people," Coolidge wrote. A year later, Congress passed the act again and again, Coolidge vetoed it once more.

67 20 30 4
Herbert Hoover

48 21 16 3
Franklin D. Roosevelt

The country's longest-serving president, Franklin D. Roosevelt, issued more vetoes than any other: 635. Congress overrode his vetoes nine times.

148 372 263 9
Harry Truman

93 180 70 12
Dwight D. Eisenhower

96 73 108 2
John F. Kennedy

34 12 9 0
Lyndon B. Johnson

62 16 14 0
Richard Nixon

In 1971, Richard Nixon vetoed the Comprehensive Child Development Act, a bipartisan effort to create a system of federally funded universal day care.

67 26 17 7
Gerald R. Ford

In 1974, Gerald Ford vetoed the Freedom of Information Act, which would make many classified records public. Ford feared that kind of access might threaten national security. Congress overwhelmingly voted to override his veto.

29 48 18 12
Jimmy Carter

48 13 19 2
Ronald Reagan

In 1986, both houses of Congress passed a 20$ billion Clean Water Act with unanimous consent. Ronald Reagan pocket-vetoed the bill.

96 39 39 9
George H.W. Bush

48 29 15 1
Bill Clinton

96 36 1 2
George W. Bush

96 12 0 4
Barack Obama

In 2016, Barack Obama vetoed a bill that would have prevented relatives of the Sept. 11 attacks from suing Saudi Arabia. Congress overrode the veto.

96 12 0 1
Donald Trump

48 10 0 1
Joe Biden

48 13 0 0
Sources: “The Best of My Ability: The American Presidents” edited by James M. McPherson; “The Constitution” by Gerry and Janet Souter; “Presidential Courage” by Michael Beschloss; “This Day in Presidential History” by Paul Brandus; “George Washington: The Political Rise of America’s Founding Father” by David O. Stewart; United States Senate; National Archives; National Constitution Center; the American Presidency Project of UC Santa Barbara; the Washington Papers of the University of Virginia; Time magazine; RealClear Policy; History.com; U-S-History.com; Foundation for Economic Education