A veto, Latin for "I forbid", is the power of an officer of the state to stop unilaterally a piece of legislation Legislation is law which has been promulgated (or "enacted") by a legislature or other governing body, or the process of making it. (Another source of law is judge-made law or case law.) Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under. In practice, the veto can be absolute (as in the U.N. Security Council The United Nations Security Council 'power of veto' refers to the veto power wielded solely by the five permanent members of the United Nations Security Council , enabling them to prevent the adoption of any 'substantive' draft Council resolution, regardless of the level of international support for the draft. The veto does not apply to procedural, whose members can block any resolution) or limited (as in the legislative process of the United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language, where a two-thirds vote in both the House The United States House of Representatives, commonly referred to as the "House," is the lower house of the bicameral United States Congress, the upper house being the United States Senate and Senate The United States Senate is the upper house of the bicameral United States Congress, the lower house being the House of Representatives. The composition and powers of the Senate and the House are established in Article One of the U.S. Constitution . Each U.S state is represented by two senators, regardless of population. Senators serve staggered may override a Presidential veto of legislation).^[1]

A veto gives power, possibly unlimited, to stop changes, but not to adopt them. The influence that the veto conveys to its holder is therefore directly proportional to the holder's conservatism Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and opposes rapid change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism and seek a return to "the way things were." The first established use, broadly defined. The more the holder of a veto supports the status quo Status quo, a commonly used form of the original Latin "statu quo" - literally "the state in which" - is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are. The related phrase status quo ante, literally "the state in which before",, the more useful the veto.^[2]

The concept of a veto body originated with the Roman Ancient Rome was a civilization that grew out of a small agricultural community founded on the Italian Peninsula as early as the 10th century BC. Located along the Mediterranean Sea, it became one of the largest empires in the ancient world consuls Each year, two consuls were elected together, to serve for a one-year term. Each consul was given veto power over his colleague and the officials would alternate each month. However, after the establishment of the Empire, the consuls were merely a figurative representative of Rome’s republican heritage and held very little power and authority, and tribunes Tribune was a title shared by 10 elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was prohibited. They had the power to veto actions taken. Either of the two consuls holding office in a given year could block a military or civil decision by the other; any tribune had the power to unilaterally block legislation passed by the Roman Senate The Roman Senate was a political institution in ancient Rome. It was one of the most enduring institutions in Roman history, being founded in the first days of the city . It survived the fall of the kings in 509 BC, the fall of the Roman Republic in the first century BC, the split of the Roman Empire in 395 AD, and the fall of the Western Roman.^[3]

Roman veto

The institution of the veto, known as the intercessio, was adopted by the Roman Republic The Roman Republic was the phase of the ancient Roman civilization characterised by a republican form of government. It began with the overthrow of the Roman monarchy, c. 509 BC, and lasted 482 years until its subversion, through a series of civil wars, into the Principate form of government and the Imperial period in the 6th century BC as a way of enabling the tribunes to protect the interests of the plebs The plebs were the general body of Roman citizens in Ancient Rome. They were distinct from the higher order of the patricians. A member of the plebs was known as a plebeian (Latin: plebeius). This term is used today to refer to one who is or appears to be of the middle or lower order; however, in Rome plebeians could become quite wealthy and (common citizens) from the encroachments of the patricians The term patrician originally referred to a group of elite citizens in ancient Rome, including both their natural and adopted members. In the late Roman Empire, the class was broadened to include high council officials, and after the fall of the Western Empire it remained a high honorary title in the Byzantine Empire. Medieval patrician classes, who dominated the Senate. A tribune's veto did not prevent the senate from passing a bill, but meant that it was denied the force of law. The tribunes could also use the veto to prevent a bill from being brought before the plebeian assembly. The consuls also had the power of veto, as decisionmaking generally required the assent of both consuls. If one disagreed, either could invoke the intercessio to block the action of the other. The veto was an essential component of the Roman concepton of power being wielded not only to manage state affairs but to moderate and restrict the power of the state's high officials and institution.^[3]

Westminster systems

In Westminster Systems The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom and most constitutional monarchies A constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a written , unwritten (i.e., uncodified) or blended constitution. It differs from absolute monarchy in that an absolute monarch serves as the sole source of political power in the state and is not legally bound by any constitution, the power to veto legislation by withholding the Royal Assent The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. While the power to withhold Royal Assent was once exercised often, it is exceedingly rare in the modern, democratic political atmosphere that has developed since the 18th is a rarely used reserve power In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch of the government. Unlike a presidential system of government, the head of state is generally constrained by the cabinet or the legislature, and most reserve powers are usable of the monarch. In practice, the Crown follows the convention of exercising its prerogative on the advice of its chief advisor, the prime minister.

The House of Lords used to have the power of veto. However, recent reforms by the Labour government has seen their powers limited. The Paliamentary Acts of 1911 and 1949 saw their powers reduced to being able to amend and delay legislation. They are able to delay legislation for up to one year. Exceptions include money bills, and under the Salisbury Convention, they cannot delay any bills laid out in the party's manifesto. So far, all amendments made to bills by the Lords have been accepted by government.

In Spain, the article 115 of the Constitution provides that the King shall give his assent to Laws passed by the General Courts within 15 days after their final passement by them; the absence of the Royal Assent, although not constitutionally provided, would mean the bill not to become Law.

Australia

Since the Statute of Westminster The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom which established legislative equality for the self-governing dominions of the British Empire and the United Kingdom, with a few residual exceptions, notably excluding India. The Statute remains domestic law within each of the other Commonwealth realms, to the extent (1931), the Crown of the United Kingdom and its Parliament may not veto or repeal any Act of the Parliament of the Commonwealth of Australia For at least 40,000 years before European settlement in the late 18th century, the Australian mainland and Tasmania were inhabited by around 250 language groups of indigenous Australians. After sporadic visits by fishermen from the immediate north, and discovery by Dutch explorers in 1606, the eastern half of Australia was claimed by the British on the grounds that is repugnant to the laws and interests of the United Kingdom[1]. Other countries in the Commonwealth of Nations The Commonwealth of Nations, normally referred to as the Commonwealth and previously as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states. All but two of these countries were formerly part of the British Empire (not to be confused with the Commonwealth of Australia), such as Canada and New Zealand, are likewise affected. However, according to the Australian Constitution The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia. The Constitution was approved in referendums held over 1898–1900 by the people of the Australian colonies, and the approved draft (sec. 59), the Queen Elizabeth II is the queen regnant of 16 independent sovereign states known as the Commonwealth realms, listed here in order of length of possession by the Crown: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, may veto a bill that has been given royal assent by the Governor-General A Governor General, is a vice-regal representative of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors within one year of the legislation being assented to[2].This power has never been used. The Australian Governor-General himself or herself has, in theory, power to veto, or more technically, withhold assent to, a bill passed by both houses of the Australian Parliament The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress. According to Section 1 of the Constitution of Australia, Parliament, and contrary to the advice of the prime minister[3]. This may be done without consulting the sovereign. This reserve power In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch of the government. Unlike a presidential system of government, the head of state is generally constrained by the cabinet or the legislature, and most reserve powers are usable is however, constitutionally arguable, and it is difficult to foresee an occasion when such a power would need to be exercised. It is possible that a Governor-general might so act if a bill passed by the Parliament was criminal, illegal or in violation of the Constitution[4]. One might argue, however, that a government would be hardly likely to present a bill which is so open to rejection. Many of the vice-regal reserve powers are untested, because of the brief constitutional history of the Commonwealth of Australia, and the observance of the convention that the head of state acts upon the advice of his or her chief minister.

With regard to the six governors of the states which are federated under the Australian Commonwealth, a somewhat different situation exists. Until the Australia Act 1986, each state was constitutionally dependent upon the British Crown directly. Since 1986, however, they are fully independent entities, although the Queen still appoints governors on the advice of the state head of government, the premier In many nations, the title "premier" is used interchangeably with "prime minister". In the People's Republic of China, "premier" is more common, but "prime minister" is still used. So the Crown or UK Parliament may not veto or overturn any act of a state governor or state legislature. Paradoxically, the states are more independent of the Crown than the federal government and legislature[5]. State constitutions determine what role a governor plays. In general the governor exercises the powers the sovereign would have, including the power to withhold the Royal Assent.

United Kingdom

In the United Kingdom, the royal veto was last exercised in 1707 by Queen Anne Anne became Queen regnant of England, Scotland and Ireland on 8 March 1702, succeeding her brother-in-law and cousin, William III of England and II of Scotland. Her Catholic father, James II and VII, was deemed by the English Parliament to have abdicated when he was forced to retreat to France during the Glorious Revolution of 1688/9; her brother- with the Scottish Militia Bill 1708.

In nations of the Commonwealth The Commonwealth of Nations, normally referred to as the Commonwealth and previously as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states. All but two of these countries were formerly part of the British Empire where the Westminster System is followed, the reserve power, and therefore the power of withholding the Royal Assent The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. While the power to withhold Royal Assent was once exercised often, it is exceedingly rare in the modern, democratic political atmosphere that has developed since the 18th, is generally exercised by the representative of Queen Elizabeth II Elizabeth II is the reigning queen of 16 independent sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize, Antigua and Barbuda, and Saint Kitts and Nevis. In, usually styled Governor-General A Governor General, is a vice-regal representative of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors or Governor A governor is a governing official, usually the executive (at least nominally, to different degrees also politically and administratively) of a non-sovereign level of government, ranking under the head of state. In federations, a governor may be the title of each appointed or elected politician who governs a constituent state. The nature of the power and how it is exercised may be, and usually is, determined by the legislatures of the nations.

United States

Presidential veto

The word "veto" does not appear in the United States Constitution The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States. It provides the framework for the organization of the United States government and for the. Per U.S. Const., Article I, Section 7 Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government all legislation passed by both houses of Congress must be presented to the President The President of the United States is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is one of only two nationally elected federal officers, the other being the Vice President of the United States. This presentation is in the President's capacity as Head of State.

If the President The President of the United States is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is one of only two nationally elected federal officers, the other being the Vice President of the United States approves of the legislation Legislation is law which has been promulgated (or "enacted") by a legislature or other governing body, or the process of making it. (Another source of law is judge-made law or case law.) Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under, he signs it (sign into law). If he does not approve, he must return the bill A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute, unsigned, within ten days, excluding Sundays, to the house of the United States Congress The United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C in which it originated, while the Congress is in session. The President is constitutionally required to state his objections to the legislation in writing, and the Congress is constitutionally required to consider them, and to reconsider the legislation. This action, in effect, is a veto.

If the Congress overrides In the United States, Congress can override a presidential veto by having a two-thirds majority vote in both the House of Representatives and Senate, thus enacting the bill into law despite the president's veto. However, a veto may not be overridden if it is a pocket veto, a veto in which the president simply ignores a bill between congressional the veto by a two-thirds majority A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds majority. In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority requirement . Changes to constitutions, especially those with in each house, it becomes law without the President's signature. Otherwise, the bill fails to become law unless it is presented to the President again and he chooses to sign it.

A bill A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute can also become law without the President's signature if, after it is presented to him, he simply fails to sign it within the ten days noted. If there are fewer than ten days left in the session before Congress adjourns, and if Congress does so adjourn before the ten days have expired in which the President might sign the bill, then the bill fails to become law. This procedure, when used as a formal device, is called a pocket veto A pocket veto is a legislative maneuver in American federal lawmaking that allows the President to indirectly veto a bill. The U.S. Constitution requires the President to sign or veto any legislation placed on his desk within ten days while the United States Congress is in session. From the U.S. Constitution Article 1, Section 7 states:.

Modifications declared unconstitutional

In 1996, the Congress A congress is a formal meeting of the representatives of different nations, constituent states, independent organizations , or groups passed, and President Bill Clinton William Jefferson "Bill" Clinton was the 42nd President of the United States from 1993 to 2001. At 46 he was the third-youngest president. He became president at the end of the Cold War, and was the first baby boomer president. His wife, Hillary Rodham Clinton, is currently the United States Secretary of State. Each received a Juris signed, the Line Item Veto Act of 1996. This act An act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States and the Philippines allowed the President to veto individual items of budgeted A budget is generally a list of all planned expenses and revenues. It is a plan for saving and spending. A budget is an important concept in microeconomics, which uses a budget line to illustrate the trade-offs between two or more goods. In other terms, a budget is an organizational plan stated in monetary terms expenditures from appropriations bills instead of vetoing the entire bill and sending it back to the Congress. However, this line-item veto was immediately challenged by members of Congress The United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C who disagreed with it. In 1998, the Supreme Court declared that the line-item veto was unconstitutional. The Court found the language of the Constitution required each bill presented to the President to be either approved or rejected as a whole. An action by which the President might pick and choose which parts of the bill to approve or not approve amounted to the President acting as a legislator instead of an executive and head of state - and particularly as a single legislator acting in place of the entire Congress - thereby violating the separation of powers doctrine. (See Clinton v. City of New York, 524 U.S. 417 (1998).)

In 2006, Senator Bill Frist introduced the Legislative Line Item Veto Act of 2006 in the United States Senate. Rather than provide for an actual legislative veto, however, the procedure created by the Act provides that, if the President should recommend rescission of a budgetary line item from a budget bill he previously signed into law - a power he already possesses pursuant to U.S. Const. Art. II - the Congress must vote on his request within ten days. Because the legislation that is the subject of the President's request (or "Special Message," in the language of the bill) was already enacted and signed into law, the vote by the Congress would be ordinary legislative action, not any kind of veto - whether line-item, legislative or any other sort. The House passed this measure, but the Senate never considered it, so the bill expired and never became law.

In 1982, the Supreme Court had struck down the one-house legislative veto, also on separation of powers grounds and on grounds that the action by one house of Congress violated the Constitutional requirement of bicameralism. The case was INS v. Chadha, concerning a foreign exchange student in Ohio who had been born in Kenya but whose parents were from India. Because he was not born in India, he was not an Indian citizen. Because his parents were not Kenyan citizens, he was not Kenyan. Thus, he had nowhere to go when his student visa expired because neither country would take him, so he overstayed his visa and was ordered to show cause why he should not be deported from the United States.

The Immigration and Nationality Act was one of many acts of Congress passed since the 1930s, which contained a provision allowing either house of that legislature to nullify decisions of agencies in the executive branch simply by passing a resolution. In this case, Chadha's deportation was suspended and the House of Representatives passed a resolution overturning the suspension, so that the deportation proceedings would continue. This, the Court held, amounted to the House of Representatives passing legislation without the concurrence of the Senate, and without presenting the legislation to the President for consideration and approval (or veto). Thus, the Constitutional principle of bicameralism and the separation of powers doctrine were disregarded in this case, and this legislative veto of executive decisions was struck down.

Early federal history

The Presidents of the Continental Congress (1774 - 1781) did not have the power of veto. Nor could the President veto an act of Congress under the Articles of Confederation (1781 - 1789), though he possessed certain recess and reserve powers that were not necessarily available to the predecessor President of Continental Congress. But with the enactment of the United States Constitution (drafted 1787; ratified 1788; fully effective since 4 March 1789), veto power was conferred upon the person titled "President of the United States."

The presidential veto power was first exercised on April 5, 1792 when George Washington vetoed a bill designed to apportion representatives among the several states. The Congress first overrode a presidential veto - that is, passed a bill into law notwithstanding the President's objections - on March 3, 1845.^[4]

U.S. states and amendatory veto

Most U.S. states also have a provision by which legislative decisions can be vetoed by the governor. In addition, most of these states allow the governor to exercise a line-item veto.

In seven U.S. states, the governor has an amendatory veto. For example, in Illinois, the governor can make specific recommendations for changes to a bill. The state legislature can then approve the changes by majority vote, or override the amendatory veto with a 60% majority. No law is passed if the legislature does not accept the changes.^[5]

European parliamentary republics

Presidential veto

Parliamentary republics in Europe, including Italy, Portugal, Ireland, France, Latvia, the Ukraine, and Hungary often allow a form of limited presidential veto on legislation.

The President of Austria does not technically have veto power. However the president can order a referendum on a bill passed by the legislature if they refuse to sign it.

The President of Iceland can refuse to sign a bill which is then put to universal adult suffrage. The president has only twice refused to sign a bill, and a referendum has only been held once.

The President of Ireland can refuse to grant assent to a bill which he/she considers to be unconstitutional, on the advice of the Council of State; in this case the bill is referred to the Supreme Court of Ireland, which finally determines the matter.

The President of Italy can request a second deliberation of a bill passed by Parliament before it is promulgated. This is very weak form of veto, as the Parliament can override the veto by an ordinary majority. The same provision exists in France and Latvia. While such a limited veto cannot thwart the will of a determined parliamentary majority, it may have a delaying effect, and may cause the parliamentary majority to reconsider the matter.

The President of Portugal can refuse to sign a bill or refer it or parts of it to the Portuguese Constitutional Court. If the President refuses to sign bill without it being declared unconstitutional, the Assembly of the Republic (parliament) can pass it again and it becomes law regardless of the President's opinion.

The President of Latvia may suspend a bill for a period of two months, during which it may be referred to the people in a referendum if a certain number of signatures are gathered. This is potentially a much stronger form of veto, as it enables the President to appeal to the people against the wishes of the Parliament and Government.

The President of Ukraine, just like the Portuguese President, can refuse to sign a bill and return it to Parliament with his proposals. If the parliament agrees on his proposals, the President should sign the bill. Parliament can overturn a veto by 2/3 majority. If the parliament overturns his veto, the President should sign the bill. If he fails to do so in 10 days, then the Chairman of the Parliament signs it.

The President of Hungary has two options to veto a bill: S/he may submit it to the Constitutional Court in case of any suspicion that it violates the constitution, or s/he may send it back to the Parliament and ask for a second debate and vote on the bill. If the Court rules that the bill is not unconstitutional or it is passed by the Parliament again, respectively, the President must sign it.

Liberum veto

In the constitution of seventeenth- and eighteenth-century Poland, there was an institution called the liberum veto. All bills had to pass the Sejm (Parliament) by unanimous consent, and if any legislator voted nay on anything, this not only vetoed that bill but dissolved that legislative session itself. The concept originated in the idea of "Polish democracy", that any Pole of noble extraction was as good as any other, no matter how low or high his material condition might be. It was never exercised in practice under the rule of the strong Polish royal dynasties, but these came to an end in the mid-17th century, and were followed by an elective kingship. As might be expected, the more and more frequent use of this veto power paralyzed the power of the legislature, and, combined with a string of weak figurehead kings, led ultimately to the partitioning and dissolution of the Polish state in the following century.

See also

• Constitution of the Roman Republic
• Popular referendum
• Sign into law

References

1. ^ Article I, Section 7, Clause 2 of the United States Constitution
2. ^ Generally, the power of the veto increases in direct proportion to the divergence of the political orientation between the wielder of the veto and the lawmaking bodies on whose legislative acts the veto may be used. In other words, the power of the veto nears its apex when a strongly liberal president uses the veto in a bid to block the legislation of a strongly conservative legislature, and vice versa. To be sure, other factors and circumstances will influence a veto’s power in a given situation (e.g. the ideological direction of a country’s existing laws). However, the divergence of the political orientation between the wielder of the veto and the adverse lawmaking bodies will nonetheless be a primary determinant of the veto’s power.^{[citation needed]}
3. ^ ^{a b} Spitzer, Robert J. (1988). The presidential veto: touchstone of the American presidency. SUNY Press. p. 1-2. ISBN 9780887068027.
4. ^ "Presidential Vetoes, 1789 to 1988" (pdf). The U.S. Government Printing Office. February 1992. http://www.senate.gov/reference/resources/pdf/presvetoes17891988.pdf. Retrieved March 2, 2009.
5. ^ http://archpundit.com/blog/2008/01/14/the-amendatory-veto/

External links

• Regular Vetoes and Pocket Vetoes: An Overview (report) by Kevin R. Kosar
• Senate Reference Webpage on Vetoes, which includes lists of vetoes from 1789 to the current day.

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