Critical Analysis

Find answers to the following questions using the visual above, any links below, and your knowledge of American government and politics:

1. The veto power is defined in Article 1, Section 7 of the US Constitution.  What is now called a "regular" veto is a case in which the President returns a bill to Congress (to the House in which it originated). Since 1980 which president had the most regular vetoes?

2. The veto may be overridden by 2/3 vote of both Houses of Congress. How many times did Reagan have his veto overridden?

3. Which of the presidents listed above never had a veto overridden?

4. The Constitution also specifies that if the President does not veto or sign a bill within 10 days (excluding Sundays), it becomes a law. This prevents the President from killing legislation through simple inaction. The exception is if Congress has adjourned before the 10 days are up--thereby preventing a possible return with a veto.  In that case the legislation does not become law.  This situation permits what has been called a "pocket veto"--when the President does not return the legislation to Congress, but simply does not act.  In that case the bill does not become law. How many of the presidents in the chart above used the pocket veto?

5. More than two years into his term, President Biden used his veto powers for the first time, vetoing a joint resolution to block a allowing retirement fund managers to take "environmental, social and governance," or ESG, factors into account. Based on the visual above, what president’s vetoes had the best highest rate of success (were least likely to be overridden)?

6. Based on the visuals above and below describe the general trend in the number of vetoes over the most recent presidential administrations.

7. What do you think explains that trend?

8. Explain how the President’s party seat share of the House and Senate impacts the likelihood of vetoes being overridden.

9. If the House does manage to override a Biden veto, explain why the current party membership of the U.S. Senate makes it unlikely for Congress to override a Biden veto.

10. In Federalist No. 51, James Madison wrote, “But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition.” How does the veto fulfill the wishes of Madison’s Federalist 51?

Learning Extension

Listen to this audio report about Biden’s first veto. Then check out the Congressional procedures on veto

Veto Override Procedure in the House and Senate  (CRS) (PDF)

Regular Vetoes and Pocket Vetoes: An Overview  (CRS) (PDF)

And look Up Presidential Vetoes

Summary of Bills Vetoed, 1789 to Present

Action Extension

Contact President Biden and let him know what you think about his use of the veto.

Visual Extension

All the vetoes ever!