Veto Power and Judicial Review

<h1>Text Preview</h1> <p> <P>After both the House and the Senate approve a bill, it moves on to the president for his action. The United States Constitution outlines four actions the president can take. First, and most simply, the president can sign the bill into law.</P> </p> <p> <P>A second option is to veto the bill. If the president vetoes a bill, it returns to its origin, either the House or Senate, along with an explanation for the veto. Congress can then accept the veto, or it can vote to override the president’s decision. An override requires a two-thirds vote of all members in both houses. Typically, however, once a president has vetoed a bill, Congress does not override the decision. Of the 318 bills that were vetoed in the last 20 years, Congress has voted to override only 12.<br></P> <P>The president’s third option, which requires that more than ten days remain in the legislative session, is to allow a bill to become law without his signature. Essentially, the bill sits on the president’s desk for ten days, excluding Sundays, at the end of which it becomes law.</P> </p> <p> <P>The president might choose to allow a bill to become law without his signature if the bill is highly controversial and contrary to his campaign promises. Instead of vetoing the bill, which could result in a long override battle, the president may determine that this option is the most politically expedient way to handle the legislation. President George H.W. Bush took this course with the Flag Protection Act of 1989, which prohibited burning the United States’ flag.<br></P> <P>Finally, the Constitution provides that the president can use a pocket veto, which is similar to the previous option in that the bill goes unsigned. The key difference is that if fewer than ten days remain in the legislative session, the president can “pocket” the bill by refusing to sign or veto it. Without a signature, the bill does not become law; without a veto, the bill does not get rerouted to its originating house. When the legislative session ends, the bill dies from lack of action.</P> </p> <p> <P>Although Congress can pass a bill, and the president can sign it into law, the Judicial branch has the final word on legislation. The power of <b>judicial review</b> provides that the Supreme Court can declare a law unconstitutional, which gives the Court indirect input into how legislation is crafted. <br></P> <P>Many laws have failed judicial review. President Franklin Roosevelt had a very difficult time getting Supreme Court approval for much of his New Deal legislation. To avoid this situation and increase a law’s chance of passing, legislators can use failed laws as benchmarks for determining appropriate wording and content for new bills.<br></P> <P>Many groups lobby heavily for and against bills during all stages of the legislative process. These groups include supporters of special interests, corporations, and companies that specialize in lobbying on behalf of other organizations. Additionally, the public can act as lobbyists by sending letters and e-mails and by making phone calls to legislators.</P> </p> <p> <P>Congress members can also be lobbyists by making deals with their fellow legislators—”If you vote for my bill, I will vote for yours.” Sparring and deal making can be particularly frenzied in cases of <b>pork-barrel legislation</b>. This legislation sets aside Federal funds for special projects that will benefit only a small area or group, rather than the nation as a whole.<br></P> <P>Other lobbyists include members of the president’s administration. Presidents, like members of Congress, have legislative agendas. Administration members approach key Representatives and Senators, sometimes using the threat of a veto to force legislators to compromise with White House initiatives.</P> </p> <p id="TextCopyright">Copyright 2006 The Regents of the University of California and Monterey Institute for Technology and Education</p>