The Power of the Veto
By: Benjamin Fouse
LUID: 27465499
Govt 327-001
Professor Van Allen
December 3, 2019
Abstract
America, from its founding to present day, remains one of the freest most prosperous
nations the world has ever seen. This is due largely to the fact that the nation was built on a
system of checks and balances between the three branches of government so that one may never
become tyrannical or impede the rights of individual constitutional liberties ensured to every
man. One such method of checking this powers is the executive’s ability to veto legislation and
bills proposed by the legislative branch. Although the framers intended for the power to be used
simply to ensure that the constitutional rights of citizens aren’t overrun, the power has, through
the years, become one of a political and personal weapon used by the executive branch to push
agendas and obstruct legislative movement.
Introduction
As a nation built on the powers being reserved to the people, American’s are historically
cautious allowing anyone man too much power. From our founding we have been a nation built
on restricting tyranny of either one man or the majority. As such, citizens typically a weary of
any one power overruling the power of the other branches. However, perhaps one such power
may be the power of the executive to veto legislation. Grounded as a check on the legislative and
judicial branches and set to obstruct encroachments toward constitutional rights the power to
veto has through the years changed to allow for easier fulfillment of personal presidential
agendas. Throughout this research easy we will attempt to review the history, what the veto
power is and why we have it, some of its most prominent uses, as well as the pros and cons to
this power. Finally we will review the differences and similarities between the governor’s veto
compared to the president’s veto. All this, is in hopes, to better inform the reader of the
constitutional restraints and liberties placed on the executive and state executives power.
History of the Veto
America was a nation born into tyranny. From the very outset of its founding its’ people
were fleeing religious prosecution, government overreach, and over taxation. As it has been well
documented, almost two hundred years after the landing of the Mayflower at Cape Cod the new
breed of citizen, more removed from their homeland, began the revolution that would change the
world forever.1 Fueling this revolution was the desire to live as men, free from bondage, to an
over powerful government far detached from their own land and their own needs. As such, in
1775 the Founding Fathers declared America to be free from Britain’s rule. Thus, began the
1 Colonial America (1492-1763). Accessed December 3, 2019.
http://www.americaslibrary.gov/jb/colonial/jb_colonial_subj.html.
American Revolution; fast forward eight years later and the American colonies are officially free
of British rule.2
However, the fledgling nation had little idea how this new nation ought to be built.
Fearing the same tyranny that has plagued virtually every civilized colony, the Founders initially
wrote the Articles of Confederation as the founding document by which the nation should be run.
However, quickly this extremely loose version of government was proven to leave not enough
power to a centralized government. The government’s inability to tax, raise armies, regulate
commerce, etc. made it ineffective and useless.3 As such, when Congress reconvened again in
1788 they ratified what would become the most influential founding document in America’s
history.
The Constitution of the United States was revolutionary in its time. Securing individual
rights at the national level while allowing for change through ratification and amendments gave
the nation the flexibility it needed to grow with the changing times and technology. Securing
power in the government without overwhelming the power of the individual made this document
the unique strength of America. One crucial outflow of this was the power of the president.
Fearing an all-powerful king, the Founding Fathers instead created three branches of
government. The Legislative would be one closest to the people, responding to their needs
through the creation of laws and policies. The Judicial would protect the rights of people as well
as provides checks on the other two branches. Finally, the executive would lead by setting
agendas and enforcing the law of the Legislative and Judicial branches. In order to do this,
powers unique to the executive branch needed to be put in place. For instance, the power to
2 Wallace, Willard M. “American Revolution.” Encyclopedia Britannica. Encyclopedia Britannica, inc., November
14, 2019. https://www.britannica.com/event/American-Revolution.
3 “10 Reasons Why America's First Constitution Failed.” National Constitution Center – constitutioncenter.org.
Accessed December 3, 2019. https://constitutioncenter.org/blog/10-reasons-why-americas-first-constitution-failed.
appoint people to federal posts, negotiate foreign treaties, grant pardons, and finally, perhaps
most importantly, the power of the veto.
What/Why: The Power of the Veto
“The executive power in our government is not the only, perhaps not even the
principal, object of my solicitude. The tyranny of the legislature is really the danger most to be
feared, and will continue to be so for many years to come. The tyranny of the executive power
will come in its turn, but at a more distant period.”4
Fearing the possibility of one branch overpowering the other and plunging the nations
once more into tyranny, the Founding Fathers created a system of checks and balances between
the three branches. By setting term limits, creating legislative loopholes, and executive privileges
they ensured that not one man or branch could legally hold power for more than was granted by
the people. They understood that to make such a system work they must equip each component
part with, as Hamilton wrote, “a constitutional and effectual power of self-defense.”5
One aspect of this was the executives power to veto laws, legislation, and bills. This
power is granted to the president from Article one, section seven.6 From the beginning, the power
of the veto was meant by the Founders to allow the president to reject legislation he thought was
unconstitutional.
The power was conferred upon the president, according to Mr. Hamilton in the Federalist,
primarily to enable to the executive to defend himself; and secondarily, to increase the
4 Thomas Jefferson, “Democracy in America” Federalist Paper No. 2. 1788
5 Damon, Allan A. “Veto.” AMERICAN HERITAGE, February 1, 2019. https://www.americanheritage.com/veto.
6 “United States Constitution.” Article I, Section Seven. Accessed December 3, 2019.
http://constitutionallawreporter.com/article-01-section-07/.
chances in favor of the community against the passing of bad laws through haste,
inadvertence, or design.7
However, as the office of the president grew and its power became more wide stretching
this understanding to only use it when bills were unconstitutional quickly changed. Andrew
Jackson is largely recognized as the first president to openly use the power of the veto for
personal political reasons. His most obvious use of this new form of veto came when he rejected
a bill proposing the re-chartering the Second Bank of the United States in 1832.8
At its most basic, the modern understanding of the power of the veto is the executive’s
ability to reject legislation they don’t like or they believe will be harmful to the American public.
However, understanding how this power might be used as an obstructionist tool to hold all
legislation until the executive agenda is filled, the Founding Fathers gave both the House and the
Senate to overturn a veto with a two-thirds vote. Despite this, fewer than ten percent of veto’s
issued by the president ever actually get overturned.9 Thus, the veto remains a powerful tool for
the executive.
The veto may come in many different forms, however. In fact, often in the form of pocket
vetoes the president may obstruct congressional legislation by simply not approving a bill until
the date for approval has come and gone. Thus, without publicly declaring that he doesn’t like a
bill, the president is able to stop legislation before it becomes law. Another, more unofficial
version of the veto, is the Line Item veto. This is when the president doesn’t like certain lines
within a bill and returns it to congress threating a veto if they don’t adjust said lines. Although
7 United States Congress, “Congressional Record: Proceedings and Debates of the Forty Sixth Congress, First
Session”. 1879. Accessed: December 3, 2019
8 History.com Editors. “Veto.” History.com. A&E Television Networks, November 17, 2017.
https://www.history.com/topics/us-government/veto.
9 “Glossary Term: Override of a Veto.” U.S. Senate: Glossary Term | Override of a Veto, January 19, 2018.
https://www.senate.gov/reference/glossary_term/override_of_a_veto.htm.
not officially a power granted by the Constitution, this loophole allows for a more precise
pinpoint of the veto power.
Most prominent uses of the Veto
“The only sure bulwark of continuing liberty is a government strong enough to protect
the interests of the people, and a people strong enough and well enough informed to maintain its
sovereign control over the government.”10
Since the nation’s founding, the veto power has been used more than 2500 times. As
mentioned previously, the overriding of a veto rarely happens with less than ten percent of vetoes
being overridden. Thus, the power of the veto often goes unchecked. Many times the veto power
has been used highly influentially and controversially. Often the times dictate the amount the
veto is used. For example, Franklin D. Roosevelt vetoed more bills than any other president in
history. With over 600 pocket and outright vetoes he is pursued only by Grover Cleveland who is
still 200 vetoes away.11 Despite the vast number of vetoes the time he was in power sheds some
light. As president for the majority of World War Two and the only president to serve more than
two terms, FDR needed to keep some control and power to lead our nation to victory. Beyond
this, the use of the veto has remained relatively light. Although the number of times it is used has
increased significantly since the days of our Founding Fathers, it hasn’t again reached the levels
following the early to mid 1900’s.
10 Franklin D. Roosevelt, 1941. Accessed: December 3, 2019.
11 Anderson, Mic. “9 U.S. Presidents with the Most Vetoes.” Encyclopædia Britannica. Encyclopædia Britannica,
inc. Accessed December 4, 2019. https://www.britannica.com/list/9-us-presidents-with-the-most-vetoes.
Thus, it is obvious that the setting context and era the president finds himself in
somewhat determines the amount of times the veto is used. Should the nation find itself in great
crisis and stability is needed, the veto could be the very thing to help slow the pace of change.
Cons of the Veto
Despite the overall use of the veto, there remains controversy over whether or not the
executive should have the power to simply reject congresses’ legislation. As Congress is the
closest branch to the people, many believe they should be able to, with a majority vote, pass
legislation without the heavy slowing process of the bureaucracy and executive branch hindering
them. Many believe that the power to veto anything simply gives the executive branch too much
influence on what legislation gets past and which bills never make it past the floor.12 Since
Andrew Jackson’s use of it as a political tool vetoing has become the main influencer on trying
to achieve a president’s agenda. Furthermore, due to the fact that less than ten percent of the
executive veto’s get overturned, the question as to the legality of one branch having so much
power may call it deeper into question.
The fact that the veto is now widely and openly used for personal political reasons and
not how the framers intended, i.e. blocking unconstitutional legislation from making it past the
house and senate, some believe that it is unreasonable for such political authority to reside in one
man.
Pros of Veto
12 Sievert, Joel, and Ryan D. Williamson. “Public Attitudes toward Presidential Veto Powers - Joel ...,” January 19,
2018. https://journals.sagepub.com/doi/full/10.1177/2053168017753873.
Regardless of public opinion, the power to veto remains active and influential. And
perhaps this is something for the better. Afterall, as American politics become more and more
polarized the passing of any bill in the house and senate means that it will have likely come from
whichever political party holds the majority at the time. Thus, it is likely not the wishes of the
people that are being legislative but instead the wishes of a single political party. The Founding
Fathers, above all, created the government to be slow and deliberative. Deliberative on things
that truly mattered to the American public. Hence, the introduction of the veto.13 By giving
congress a second chance to vote on bills, especially bills that may be unconstitutional, the
Founders essentially allowed American public a second chance to change something on the bill
that could change the fabric of American culture for better or worse.
Additionally, where many worry that the veto power could become an obstructionist tool
to dictate legislation and fulfil personal political agenda, there is still a great deal of scrutiny to
the president who overuses his executive powers. When four years has come and gone, and the
American public is reviewing what the president has accomplished, one who simply blocked
legislation is not setting himself up well for reelection. Thus the veto provides for itself, its own
natural check on the executive.
Governor’s Veto vs. Presidential Veto
As we go into state and local governments we see many similar traits that have carried
over from the national government. For example, state governments have the power to tax, the
power to raise personal militia, even the power to make and enforce their own laws. One power
that can be found in both governments, the power to veto. While a presidential veto holds more
13 Weiss, Thomas G. “The Veto: Problems and Prospects.” E-National Relations, March 27, 2014. https://www.e-
ir.info/2014/03/27/the-veto-problems-and-prospects/.
weight in determining legislation across the broad scale of Congress, the governor’s veto holds a
similar purpose. By giving the power at the state level as well as the national the Founding
Fathers ensured that no individual state would become too tyrannical over its citizens and that
Constitutional freedoms would be protected from the ground up.
There is little to no difference between the executive’s veto and the governor’s veto.
Simply the scale in which the veto affects. Traditionally, the governor has been much more free
to veto legislation and bills her more personally disagrees with as there is less scrutiny on state
governors.
Conclusion
Overall, the power to veto is perhaps one of the most influential and effective powers the
executive office holds. Without it, the constitutional integrity of our laws may have been lost
many years ago. From its’ relatively little use before the 1900’s to it great increase in times of
crisis and war the veto has remained a pillar of executive authority, shaping legislation and
working for political agendas. As the modern presidency has transformed into an increasingly
political appointment; and as the powers of the executive continue to grow, it is important that
the American public remains informed on the issues and the powers of each branch. A quote,
often misattributed to Thomas Jefferson, nevertheless sums up perfectly his philosophy in how
our nation ought to be maintained, “An educated citizenry is a vital requisite for our survival as a
free people”14
14 “Monticello.” An educated citizenry is a vital requisite for our survival as a free people (Spurious Quotation).
Accessed December 3, 2019. https://www.monticello.org/site/research-and-collections/educated-citizenry-vital-
requisite-our-survival-free-people-spurious.
One last note to remember, regardless of where we stand on the issue of
presidential or governor vetoes, Christ calls us to respect the authority he has set in place over us
as Jesus submitted to the church and the church submits to God, “Let everyone be subject to the
governing authorities, for there is no authority except that which God has established. The
authorities that exist have been established by God…”15 Therefore, it is important that we keep at
heart how Christ calls us to live and interact with the authorities he has placed so that we may
come from a place of love and faith.
15 Romans 13:1 NIV
Work Cited
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reasons-why-americas-first-constitution-failed.
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“Congressional Record.” Congress.gov. Accessed December 3, 2019.
https://www.congress.gov/congressional-record.
Damon, Allan A. “Veto.” AMERICAN HERITAGE, February 1, 2019.
https://www.americanheritage.com/veto.
“Glossary Term: Override of a Veto.” U.S. Senate: Glossary Term | Override of a Veto, January 19,
2018. https://www.senate.gov/reference/glossary_term/override_of_a_veto.htm.
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Holy Bible: Containing the Old and New Testaments: King James Version. New York: American
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January 19, 2018. https://journals.sagepub.com/doi/full/10.1177/2053168017753873.
“United States Constitution.” Article I, Section Seven. Accessed December 3, 2019.
http://constitutionallawreporter.com/article-01-section-07/.
“Vetoes.” U.S. Senate: Vetoes, May 31, 2019.
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Wallace, Willard M. “American Revolution.” Encyclopædia Britannica. Encyclopædia Britannica,
inc., November 14, 2019. https://www.britannica.com/event/American-Revolution.
Weiss, Thomas G. “The Veto: Problems and Prospects.” E-National Relations, March 27, 2014.
https://www.e-ir.info/2014/03/27/the-veto-problems-and-prospects/.
Anderson, Mic. “9 U.S. Presidents with the Most Vetoes.” Encyclopædia Britannica. Encyclopædia
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