The Veto Power of the President

Report Outline
Exercise of Veto Power by Retiring Presidents
Exercise of Veto Power by Retiring Presidents
Origin and Development of the Veto Power
Employment of Veto Power Since Civil War
The “Pocket Veto” Power of the President
Special Focus

Exercise of Veto Power by Retiring Presidents

Threatende Hoover Vetoes of Democratic Measures

Three Measures which hold prominent places on the Democratic program of legislation for the present session of Congress are likely to be vetoed if finally approved by both houses and sent to the President before noon on March 4, 1933. They arc (1) a bill for legalization and taxation of beer, (2) a crop surplus control bill based on Democratic pledges during the 1932 campaign, and (3) the Philippine independence bill now pending in the Senate.

A beer bill, framed to take effect before the 18th amendment was repealed, would probably be vetoed by the present occupant of the White House on constitutional grounds. A crop surplus control bill and the Philippine independence bill might be vetoed both on constitutional grounds and on grounds of expediency. It is possible that the last-named measure, if it emerges from conference in a form acceptable to substantial majorities of the two houses, could be passed over President Hoover's veto. Whether the veto of a beer bill or a farm relief bill could be overridden in either house of the present Congress is doubtful. If these measures fail to become law by March 4, Roosevelt is expected to call a special session of the new Congress for action upon them shortly after he succeeds to the presidency.

The one measure on the Democratic program for this session which would not be subject to a presidential veto is a joint resolution submitting to the states a constitutional amendment repealing the 18th amendment. When Congress was notified by President Lincoln in 1865 that he had signed its joint resolution submitting the 13th amendment to the states, the Senate adopted a resolution informing him that his signature was unnecessary, and the Supreme Court later ruled that constitutional amendments need not be presented to the President for his approval. The Garner resolution for unqualified repeal of the 18th amendment was rejected by the House on the first day of the present session, December 5, 1932: yeas 272 to nays 144. The yeas were six short of the required two-thirds majority. It now appears that the only repeal amendment that could command the required majorities at this session is one which followed the formula recommended by President Hoover in his acceptance address by providing for protection of the dry states and forbidding the return of the saloon.