AP Syllabus focus:
‘Vetoes and pocket vetoes are formal powers that allow the president to check Congress. Congress can override a veto with a two‑thirds vote, but a pocket veto cannot be overridden.’
The presidential veto is a central separation-of-powers tool in the lawmaking process. Understanding how a regular veto differs from a pocket veto clarifies when Congress can respond and when presidential timing can end a bill.
Constitutional basis and purpose
The veto power comes from the Constitution’s presentment requirement: after both chambers pass a bill, it must be sent to the president, who can sign it into law or reject it.
CRS infographic summarizing the constitutional presentment pathway once a bill reaches the president, including the return veto and the 10-day decision window. It visually emphasizes how timing and congressional availability structure the president’s choices and Congress’s response options. Source
This design builds checks and balances into legislation, forcing broader agreement before a proposal becomes binding federal law.
Key terms
A veto is not just a “no”; it is a structured action with specific consequences for Congress and for the bill’s legal status.
Veto: The president’s formal power to reject a bill passed by Congress, preventing it from becoming law unless Congress overrides the veto.
Presidents use veto power to block policies they oppose, to demand revisions, and to strengthen bargaining leverage by signalling that a bill will fail without changes.
Regular veto (return veto): how it works
A regular veto occurs when the president rejects a bill and sends it back to Congress with objections. Because it returns to Congress, it triggers a clear constitutional response option: Congress may revise the bill or attempt an override.
Effects on Congress and lawmaking
The bill does not become law when vetoed.
Congress must decide whether to:
negotiate changes and re-pass a revised bill, or
attempt an override vote.
Veto override: A congressional vote to enact a vetoed bill despite presidential rejection, requiring a two‑thirds vote in both the House and the Senate.
This is the syllabus’s key distinction: Congress can override a veto with a two‑thirds vote, making the regular veto a strong but not absolute presidential check.
Primary-source document images from the National Archives showing an attempted congressional override of a presidential veto (Nixon, 1973). The pages illustrate that an override is a formal, recorded legislative action taken after a bill is returned with presidential objections. Source
Why the override threshold matters
The supermajority requirement:
protects the president from narrow, temporary majorities in Congress
incentivises coalition-building and compromise
means vetoes are most vulnerable when the president faces broad bipartisan opposition
Pocket veto: what makes it different
A pocket veto happens when the president does not sign a bill and Congress is not available to receive a returned veto because it has adjourned. In that situation, the bill expires rather than returning to Congress.
Pocket veto: A president’s refusal to sign a bill when Congress has adjourned in a way that prevents returning the bill; the bill fails without a return message.
Unlike the regular veto, the syllabus emphasises that a pocket veto cannot be overridden, because Congress does not get the bill back to vote on.
Practical implications of “cannot be overridden”
The president can kill a bill through timing when adjournment prevents return.
Congress’s main defence is procedural, not electoral: scheduling and adjournment planning to avoid creating pocket-veto conditions.
The power reinforces the president’s checking role at the end of a congressional session, when legislative time is scarce.
Comparing the two vetoes (AP-essential contrasts)
Regular veto
Active rejection plus return to Congress with objections
Congress has a direct constitutional response
Override possible with two‑thirds in both chambers
Pocket veto
Inaction plus congressional adjournment that blocks return
Bill fails automatically
No override option, making it a uniquely final presidential check
Why these veto powers matter politically
Both veto types shape negotiations before final passage:
Presidents can deter bills by making credible veto signals, raising the policy “price” Congress must pay to secure a signature.
Congressional leaders often adjust bill content to avoid a veto or to build an override-proof coalition.
The difference between override-possible and override-impossible rejection affects leverage, especially near adjournment when a pocket veto becomes a realistic threat.
FAQ
Yes—when returning a bill, the president provides objections, which Congress may consider when deciding whether to amend the bill or attempt an override.
It generally refers to an adjournment that prevents Congress from receiving a returned bill. Disputes can arise over whether brief breaks or specific types of adjournment qualify.
Often, yes. Common approaches include:
timing votes earlier
avoiding adjournment windows after passage
arranging for mechanisms to receive presidential messages during breaks
Not under the federal Constitution as typically understood; presidents generally must accept or reject an entire bill rather than striking particular provisions.
They are uncommon because the threshold is high. Overrides usually require broad cross-party agreement and sustained majorities in both chambers.
Practice Questions
(2 marks) Distinguish between a regular veto and a pocket veto.
1 mark: Regular veto returns the bill to Congress (with objections) and can be overridden.
1 mark: Pocket veto occurs when Congress has adjourned and the bill cannot be returned; it cannot be overridden.
(5 marks) Explain how veto power operates as a check on Congress, including why a pocket veto is a stronger check in some circumstances.
1 mark: Veto is a formal presidential power that stops a bill becoming law.
1 mark: Congress can respond to a regular veto by overriding with a two‑thirds vote in both chambers.
1 mark: Two‑thirds requirement makes overrides difficult, encouraging compromise.
1 mark: Pocket veto occurs when adjournment prevents return of the bill.
1 mark: Pocket veto cannot be overridden, making it more final when timing/adjournment conditions apply.
