How do presidents veto legislation and how significant is it?
• How:
o The Constitution provides the president 10 days to act on a piece of legislation, and
in that time he can veto the bill, which nullifies any of the proposed terms of it,
cancelling its passage in Congress; note, he must veto the whole bill and not certain
parts
o Given the power in Article 1 Section 7
o A pocket veto is one whereby the president doesn’t act on the bill and stalls (within
his 10 day bracket) and allows the bill to remain unsigned by the end of Congress,
effectively vetoing it as Congress isn’t in session to overrule it
o Congress can overrule the veto with a 2/3 majority in both Houses
• Significant:
o Bargaining tool:
§ The threat of the veto acts as a way to force Congress into proactively
amending the bill, preventing them from attacking the president’s plans
§ Most recently seen in Obama’s 2015 State of the Union, where he made clear
that any attempts to repeal Obamacare or attack Democrat bills on
immigration would warrant a veto
o Pushing forward his agenda:
§ Allows the president to ensure his legislative agenda remains intact and can
be pushed through
§ It is therefore Democratic and within the interests of the integrity of Congress,
as Obama was elected on a mandate that would implement his promises
§ Most evident recently with Obama’s veto of the Keystone Pipeline, which
conflicted with his stance on climate change and environmental protection – in
doing so, he was able to entrench his agenda in a positive manner
• Insignificant:
o Can be overridden:
§ Significance is limited by the fact that a two-third majority in both houses can
override the veto
§ 4 of Bush’s were overridden, however, none of Obama’s 8 have been due to
high polarisation of continuous legislative gridlock
o When used too often:
§ Can make the president look weak and uncompromising, or, can make him
look imperial and tyrannical – either way, he doesn’t come out favourably
§ The American people perceive a president to be strong if he can seek
compromise
§ Bill Clinton appeared weak when he used the line item veto 11 times to strike
down 82 items from different legislation – he was humiliated when the
Supreme Court ruled this unconstitutional and banned line item vetoes
o Has gradually been used less:
§ Obama only 8 times, Bush only 12
§ Is becoming a less-used tool for the president
What is the role of committee chairmen, and why has it been criticised?
• Role:
o Can rewrite bills and change them considerably from what Congress intended
o Can work with other committees and members
o Can pigeonhole bills, blocking them and ending their course through Congress
o Act as the spokesperson for the committee, and dictates its direction
• Criticisms:
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