The First Congressional Override of a Presidential Veto | US House of Representatives: History, Art & Archives (2024)

The First Congressional Override of a Presidential Veto | US House of Representatives: History, Art & Archives (1) Image courtesy of Library of Congress After winning a special election to the 14th Congress (1815–1817), Representative John Tyler of Virginia served for three terms before retiring to serve in state politics. Tyler was later elected a U.S. Senator and eventually Vice President—succeeding to the presidency upon the death of William Henry Harrison.

On this date, in the waning hours of the 28th Congress (1843–1845), the House joined the Senate to pass Congress’s first presidential veto override (over lame-duck President John Tyler’s veto of an appropriation bill). Introduced by Senator Jabez Huntington of Connecticut in January 1845, the original bill prohibited the President from authorizing the building of Revenue Marine Service (Coast Guard) ships without approved appropriations from Congress. President Tyler vetoed the bill to protect existing contracts and to retain presidential prerogative. Huntington responded that “the objections made by the President relied entirely upon a mere philological criticism.” On the final day of the session, the Senate overturned Tyler’s veto with only one dissenting vote and sent it to the House for immediate consideration. The House debated late into that evening. As it proceeded to vote on the bill, Thomas Bayly of Virginia noted that “the clock, the hand of which was just at 12 [midnight] . . . had been stopped for five minutes, and that by the constitution the House was adjourned.” Because Congresses prior to the Twentieth Amendment expired on March 3, Bayly argued legislative business must cease after the stroke of midnight. The Speaker, however, refused to “entertain any motion while the house was dividing,” and ordered the Clerk to proceed with the roll call vote. The House voted 126–31 in favor of an override, nullifying Tyler’s veto. Congress would not override another presidential veto for more than a decade when, during the administration of Franklin Pierce, it overrode five of his nine vetoes. To date, U.S. Presidents have vetoed more than 2,500 bills—with Congress overriding the President less than five percent of the time.

The First Congressional Override of a Presidential Veto | US House of Representatives: History, Art & Archives (2024)

FAQs

What was the first veto overridden by Congress? ›

The veto power continued to be very rarely used until the presidency of Andrew Jackson, who vetoed 12 bills. Although controversial, none of these vetoes were overridden. Congress first overrode a presidential veto on March 3, 1845, during the presidency of John Tyler.

What was the first ever presidential veto? ›

An earlier apportionment bill was vetoed by President George Washington on April 5, 1792, as unconstitutional, marking the first use of the U.S. President's veto power. Washington made two objections in a letter to the House describing the reason for his veto.

What is a congressional override of a presidential veto quizlet? ›

A president's veto can be overridden with a two-thirds vote in both chambers.

What is the process in Congress to override a presidential veto? ›

Congress can override a veto by passing the act by a two-thirds vote in both the House and the Senate. (Usually an act is passed with a simple majority.) This check prevents the President from blocking an act when significant support for it exists.

What is the history of veto power? ›

The institution of the veto, known to the Romans as the intercessio, was adopted by the Roman Republic in the 6th century BC to enable the tribunes to protect the mandamus interests of the plebeians (common citizenry) from the encroachments of the patricians, who dominated the Senate.

When was the veto power used in history? ›

Since 1970, the US has used the veto far more than any other permanent member, most frequently to block decisions that it regards as detrimental to the interests of Israel. The UK has used the veto 29 times, the first such instance taking place on 30 October 1956 (S/3710) during the Suez crisis.

How many times has Congress override a presidential veto? ›

Presidents have vetoed 2,572 acts since 1789; of these, Congress has overridden 110 (4.3%). The U.S. Constitution (Article I, Section 7) provides that, for a bill to become law, it must be approved by both houses of Congress and presented to the President for approval and signature.

Which president had a veto? ›

Vetoes, 1789 to Present
President (Years)Coinciding CongressesVetoes
Overridden
Jimmy Carter (1977-1981)96-952
Gerald R. Ford (1974-1977)94-9312
Richard M. Nixon (1969-1974)93-917
44 more rows

What was Jackson's first veto? ›

When Congress voted to extend the Second Bank's charter in 1832, Jackson vetoed the bill. To explain his decision to the nation, Jackson issued this veto message on July 10, 1832.

Who must be 25 years old? ›

To be elected to the House of Representatives, a person must be at least 25 years old, a citizen of the United States for seven years or more, and a resident of the state that they represent. Members of the House of Representatives serve two-year terms.

Can Congress override a presidential veto to pass a bill? ›

If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law. But if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default.

What is the first step of making a law? ›

First, a representative sponsors a bill. The bill is then assigned to a committee for study. If released by the committee, the bill is put on a calendar to be voted on, debated or amended. If the bill passes by simple majority (218 of 435), the bill moves to the Senate.

When can Congress not override a veto? ›

If the President blocks legislation by pocket veto, Congress cannot later override the veto—instead, the legislature must reintroduce the bill and enact it again.

What is one thing the federal government is forbidden to do? ›

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Who is the only U.S. President to be elected to more than two terms? ›

Franklin Delano Roosevelt was elected President four times, serving from 1932 until his death in 1945; he is the only President ever to have served more than two terms.

Has a veto ever been overridden? ›

Veto overridden by the House on Dec 28 by vote No. 253 (322-87). Veto overridden by the Senate on Jan 1, 2021 by vote No. 292 (81-13).

Did the Republicans fail to override Biden's first veto? ›

In a 219-200 vote, the House fell short of the two-thirds majority needed in each chamber to undo a presidential veto. The outcome had largely been expected, because the measure initially passed with slim margins in both the House and the Senate.

Was the legislative veto overturned? ›

The legislative veto was a feature of dozens of statutes enacted by the United States federal government between approximately 1930 and 1980, until held unconstitutional by the U.S. Supreme Court in INS v. Chadha (1983).

How many times did the U.S. use veto power? ›

As of March 2024, Russia/USSR has used its veto 128 times, the US 85 times, the UK 29 times, China 19 times, and France 16 times. On 26 April 2022, the General Assembly adopted a resolution mandating a debate when a veto is cast in the Security Council.

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