Learning Outcomes
After reading this article, you will be able to explain the constitutional process for enacting federal legislation, including the presentment requirement, the president’s power to veto or withhold action, and the limits on congressional and executive roles. You will be able to identify and apply these principles to MBE-style questions, including recognizing legislative veto problems and understanding the consequences of improper presentment.
MBE Syllabus
For the MBE, you are required to understand the constitutional rules governing the enactment of federal statutes and the separation of powers between Congress and the president. This article covers:
- The presentment requirement for federal legislation (Article I, Section 7).
- The president’s power to veto or withhold action on bills.
- The process for overriding a presidential veto.
- The prohibition on legislative vetoes and improper circumvention of presentment.
- The limits on congressional and executive roles in the legislative process.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
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Which of the following is required for a bill to become federal law?
- Passage by either house of Congress and signature by the president.
- Passage by both houses of Congress and presentment to the president.
- Passage by both houses of Congress, presentment to the president, and the president’s signature or a two-thirds override of a veto.
- Passage by both houses of Congress and approval by a congressional committee.
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If the president vetoes a bill, how can Congress enact it into law?
- By a simple majority vote in both houses.
- By a two-thirds vote in both houses.
- By a two-thirds vote in either house.
- By a joint resolution of both houses.
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Congress passes a law reserving to itself the right to disapprove future executive actions by a simple majority vote of either house. Is this constitutional?
- Yes, because Congress retains oversight of executive actions.
- Yes, if the president consents.
- No, because it violates the presentment requirement and bicameralism.
- No, unless the Supreme Court approves.
Introduction
The U.S. Constitution divides lawmaking authority between Congress and the president. For a federal statute to be valid, it must comply with the presentment requirement and the separation of powers. Congress cannot bypass the president’s role in the legislative process, and the president’s power to veto or withhold action is strictly defined. Understanding these rules is essential for answering MBE questions on federal legislative procedure and separation of powers.
Key Term: Presentment Requirement The constitutional rule that every bill passed by both houses of Congress must be presented to the president for approval or veto before it can become law.
The Presentment Requirement
Article I, Section 7 of the Constitution sets out the process for enacting federal legislation. Every bill must be passed by both the House of Representatives and the Senate. Once both houses agree on the final text, the bill must be presented to the president.
Key Term: Bicameralism The constitutional requirement that both the House of Representatives and the Senate must approve identical legislative text before it can be presented to the president.
The president then has three options:
- Sign the bill, making it law.
- Veto the bill, returning it to Congress with objections.
- Do nothing. If Congress is in session, the bill becomes law after ten days (excluding Sundays). If Congress adjourns during this period and the president does not sign, the bill does not become law (a "pocket veto").
Key Term: Pocket Veto The president’s power to prevent a bill from becoming law by not signing it when Congress adjourns within ten days of presentment.
The President’s Veto Power
The president may veto any bill presented, for any reason or no reason. The veto must be returned with written objections to the house where the bill originated. Congress can override the veto by a two-thirds vote in both houses.
Key Term: Veto Power The president’s authority to refuse to sign a bill into law and return it to Congress with objections.
If Congress overrides the veto by the required supermajority in both houses, the bill becomes law without the president’s approval.
Worked Example 1.1
Congress passes a bill and presents it to the president. The president vetoes the bill and returns it to the House of Representatives with objections. The House votes 70% in favor, but the Senate votes 60% in favor. Does the bill become law?
Answer: No. Both the House and the Senate must override the veto by a two-thirds vote. Here, the Senate did not reach the two-thirds threshold, so the bill does not become law.
The Prohibition on Legislative Vetoes
Congress cannot reserve to itself the right to overturn executive actions by a simple majority vote or by a vote of only one house. Any congressional action that has the force of law must comply with bicameralism and presentment.
Key Term: Legislative Veto A congressional attempt to overturn executive actions by a vote of one or both houses without following the constitutional process of bicameral passage and presentment to the president.
The Supreme Court has held that legislative vetoes are unconstitutional because they bypass the president’s role and the requirement that both houses act together.
Worked Example 1.2
Congress passes a law delegating authority to an executive agency but reserves the right to disapprove any agency regulation by a resolution of either house. Is this reservation constitutional?
Answer: No. Congress cannot reserve the right to overturn executive actions by a resolution of one house. Any such action must be passed by both houses and presented to the president.
Exam Warning
Legislative vetoes are a common MBE trap. If Congress tries to control executive actions by a vote of only one house or by a joint resolution not presented to the president, this violates the presentment requirement and is unconstitutional.
The President’s Power to Withhold Action
If the president neither signs nor vetoes a bill within ten days (excluding Sundays), the outcome depends on whether Congress is in session:
- If Congress is in session, the bill becomes law without the president’s signature.
- If Congress adjourns during the ten-day period, the bill does not become law (pocket veto).
The president cannot partially veto a bill (no line-item veto). The president must approve or reject the entire bill.
Key Term: Line-Item Veto The power to approve parts of a bill and reject others. The president does not have this power; only a full veto is allowed.
Congressional and Executive Limits
Congress cannot bypass the presentment requirement by delegating lawmaking authority to committees, officers, or by using resolutions not presented to the president. Similarly, the president cannot make law unilaterally except as authorized by the Constitution (e.g., executive orders within the scope of executive power).
Key Point Checklist
This article has covered the following key knowledge points:
- Federal statutes must be passed by both houses of Congress (bicameralism) and presented to the president (presentment requirement).
- The president may sign, veto, or withhold action on a bill. A veto may be overridden only by a two-thirds vote in both houses.
- Legislative vetoes (congressional attempts to overturn executive actions by resolution without presentment) are unconstitutional.
- The president cannot exercise a line-item veto; only a full veto is permitted.
- Congress and the president must follow the constitutional process for enacting federal law.
Key Terms and Concepts
- Presentment Requirement
- Bicameralism
- Pocket Veto
- Veto Power
- Legislative Veto
- Line-Item Veto
