The Presidential Veto - Origin and Early History

In Latin, the word ‘veto’ means ‘I forbid.’ The word itself never appears in the Constitution but refers to the Presidential power to block legislation. The Founding Fathers used separation of powers (checks and balances) between the branches of government to prevent any single branch from becoming too powerful. After Congress passes a law, the President must sign it before it goes into effect. If the President opposes the bill (vetoes it), a two-thirds vote in the House and Senate can override the veto.

Hamilton provided two explanations for the veto in Federalist Papers #73. The first was about the legislature dominating the government: “Without…[the veto] the [executive] would be absolutely unable to defend himself against the depredations of the [legislature]… the rules of just reasoning and theoretic propriety would of themselves teach us, that the one [executive] ought not to be left to the mercy of the other [legislative], but ought to possess a constitutional and effectual power of self-defense.”

His second reason was to furnish a check against bad legislation: “…it [the veto] furnishes an additional security against the enaction of improper laws. It establishes a salutary check upon the legislative body, calculated to guard the community against the effects of faction, precipitancy, or of any impulse unfriendly to the public good, which may happen to influence a majority of that body….”

The American system differs from Parliamentary systems, such as England’s. In England, theoretically, every bill passed by Parliament requires ‘Royal Assent,’ or approval by the Monarch. The last time a British Monarch withheld ‘Royal Assent,’ in essence vetoing a bill, was 1708. If Queen Elizabeth were to veto a bill today, I imagine England would face a severe constitutional crisis. Hence, in reality, there is no check on parliamentary legislation at this time. The Declaration of Independence complained about King George withholding approval of bills approved by the legislature - “He has refused his Assent to Laws, the most wholesome and necessary for the public good.”

The veto was rarely used in the first 40 years after approval of the U.S. Constitution. George Washington exercised the first-ever veto during his initial term as President. He vetoed a law related to the allocation of representatives to Congress. His veto was upheld, Congress modified the bill, and Washington then signed it into law. Washington later vetoed a bill that decreased the number of cavalry in the army. In total, Washington vetoed only two bills out of several hundred passed while he was President.

Number of Vetoes by first Presidents (1789-1841)

Madison, our nation’s fourth President, vetoed several bills, none were overridden. The most significant veto related to the use of funds for ‘internal improvements.’ Madison supported the building of roads and canals but did not believe that the Constitution authorized Congress to do so. As Madison stated in his veto message: “The legislative powers vested in Congress are specified and enumerated in the eighth section of the first article of the Constitution, and it does not appear that the power proposed to be exercised by the bill is among the enumerated powers…”

Madison also defended the separation of Church and State. He vetoed one bill that incorporated an Episcopal Church. And another that supported free Bible distribution.

In total, over the first 40 years of the United States, covering six Presidents, only a total of ten bills were vetoed. Our seventh President, Andrew Jackson, vetoed twelve bills in his eight-year presidency. Most notably, he vetoed another internal improvement bill known as the Maysville Road Bill. First, he again expressed concern whether internal improvements, roads and canals, were included in Congress’s power: “…If it be the wish of the people that the construction of roads and canals should be conducted by the Federal Government, it is…indispensably necessary, that a previous amendment of the Constitution, delegating the necessary power and defining and restricting its exercise with reference to the sovereignty of the States, should be made.”

‘King’ Andrew Jackson, excessive use of Veto

Jackson also believed that the project was a local program, not a national program, and should not be funded by the Federal government. In other words, the central government should not fund what are generally called ‘pork barrel’ projects - projects that benefit narrow interests instead of national interests. He stated in his veto message: ”that Congress…in its appropriation they have a discretionary power, restricted only by the duty to appropriate it to purposes of common defense, and of general, not local, national, not State, benefit…I am not able to view it [this bill] in any other light than as a measure of purely local character… ”

Jackson also vetoed legislation extending the charter for the United States central bank. He strongly opposed the bill because he felt it favored the wealthy. With this veto, Jackson became the first to veto bills on policy grounds. This was a controversial proposition at the time. He said he was the only politician representing the nation as a whole and had an obligation to veto legislation he felt was poor policy.

By 1841, there had been over 20 bills vetoed, none yet overridden. That streak was to end with President John Tyler, who became President when William Henry Harrison died 30 days into his term.

(Click for Part 2, Part 3, Part 4, Part 5, and Part 6 of this series)