Written by attorneys · grounded in primary & secondary sources — see below
A conditional power held by an executive or other designated authority to reject or prevent a proposed measure from taking effect.
Sources & Authorities
How it applies
Common Examples
6
President Cancels Grant Awards
After Congress passed and the President signed the National Vehicle Data Privacy Act, the President issued an executive directive canceling specific grant awards for facial recognition technology. Urban Stack, a qualifying startup, lost its earmarked funding. The directive exceeded authority because the veto power permits only approval or rejection of an entire bill.
Unmarried Father Seeks Adoption Veto
An unmarried biological father learned of his newborn child's proposed adoption. He had visited regularly, admitted paternity, paid support, and expressed willingness to assume custody. Because he manifested parental responsibility, his veto of the adoption was effective and consent could not be bypassed.
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Cases
Common Law
Restatements
Study Supplements
Dictionaries
House Resolution Overturns Waiver
The Tech Bureau granted Ridge Systems a cybersecurity waiver under the Digital Safety and Cybersecurity Act. Sixty days later the House passed a simple resolution overturning the waiver without Senate concurrence or presentment to the President. The resolution was invalid because any legislative alteration of rights must satisfy bicameralism and presentment.
Court Considers Lawmaking Veto
A state statute granted a review board composed of legislators authority to veto executive decisions on bond issues. Challengers argued the arrangement improperly assigned governmental power. The scheme violated separation of powers because legislators may not retain control over execution of the laws.
Spousal Notification Requirement
A statute required spousal notification before an abortion but did not grant the husband power to block the procedure. The provision was invalidated because the notification requirement imposed an undue burden by granting one spouse a de facto veto right that could override the other's decision.
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
Minority Supermajority Veto
A referendum measure required a sixty percent supermajority for passage of certain bond issues. Opponents claimed the rule gave a minority improper veto power. The requirement was upheld because supermajority thresholds do not violate equal protection merely by allowing a minority to block proposals.
Common questions
Frequently Asked
4
Why was the Line Item Veto Act held unconstitutional?+
The President's veto power permits only approval or rejection of a bill in its entirety. It does not authorize unilateral cancellation of specific statutory provisions after enactment. Such action constitutes an impermissible amendment of duly passed laws.
When does an unmarried biological father gain the right to veto an adoption?+
The father must demonstrate actual manifestations of parental responsibility, including living with or visiting the child, admitting paternity, paying support, and showing willingness to assume custody. Mere biological status without these actions does not confer veto power.
Why are one-house legislative vetoes unconstitutional?+
Any exercise of legislative power that alters the rights or duties of persons outside Congress must satisfy bicameral passage and presentment to the President. A single-house veto bypasses these requirements and therefore violates separation of powers.
Does a supermajority referendum requirement create an unconstitutional minority veto?+
No. Requiring more than a simple majority for certain measures does not violate equal protection. The rule merely sets a higher threshold for passage and does not improperly concentrate veto authority.
381 U.S. 479 (1965)Constitutional Law
…to look far beyond the language of the Ninth Amendment[^maj-25] to find that the Framers vested in this Court any such awesome veto powers over lawmaking, either by the States or by the Congress. Nor does anything in the history of the Amendment offer any support for such a shocking doctrine. The whole history of the adoption…