2. The executive veto.
In relation to Congress the President has the right to make recommendations and to veto any measure which he does not approve. These recommendations he may make either by written message or by appearing before Congress in person. The veto power places a powerful weapon in the President’s hands. Every bill or resolution which passes both Houses of Congress must be laid before the President. If he approves, he signs it. If not, he is entitled, at any time within ten days, to return the bill or resolution without his signature, giving his reasons for the refusal to sign. |Scope of the veto power.| When the President vetoes a measure in this way Congress reconsiders it and a vote is then taken to determine whether the action of the President shall be sustained or overridden. If two-thirds of the members present in both the Senate and the House vote to override the veto, the measure becomes effective; if less than two-thirds so vote, the measure becomes null.
The “pocket veto”.
But suppose the President neither signs nor vetoes the measure within ten days after it is sent to him, what then? The constitution provides that in such case the measure shall become a law. If Congress adjourns before the ten-day period has expired, however, the bill does not become a law. It is not necessary for a President to veto any measure that may come to him during the ten days immediately preceding the adjournment of Congress. If he does not approve the measure, he merely withholds his signature and it dies on his table. This is known as the “pocket veto”.
Its use and abuse.
The veto power has been used very little by some presidents and a great deal by others. During the first forty years of the Republic only nine bills were vetoed. But during the past forty years presidential vetoes have been very common. When a measure has been vetoed there is great difficulty, as a rule, in obtaining the necessary two-thirds vote to override the veto; but vetoes, nevertheless, are occasionally overcome. The use of the veto, although it is an exercise of executive power, makes the President a vital factor in legislation. Under ordinary circumstances he can defeat any measure that is not acceptable to him.[[130]] There are exceptions to this rule, to be sure, but it is valid in the main.
3. The conduct of foreign relations.
Although the power of appointment and the veto power in normal times the two chief sources of the President’s authority, he has others of considerable importance. He conducts relations with foreign governments and negotiates all treaties. Treaties do not become valid, however, until ratified by the Senate. He decides whether ambassadors and other diplomats sent to Washington from other countries shall be formally recognized. He has power to pardon offenders sentenced in the federal courts. He is commander-in-chief of the military and naval forces. All these functions are vested in the President by the constitution and the laws.
4. Other powers.
Other powers have been acquired by usage, for example, the right to have a large voice in controlling the policy of the political party to which the President belongs. The President is a party man, a party leader. He is elected on a party platform. The people expect the President to carry out the pledges which this platform contains. To do this the President finds it necessary at times to take the initiative in securing the passage of laws by Congress and also to bring influence to bear upon the members of both Houses. Strictly speaking, the President has no formal share in the making of the laws; but as a matter of usage he has a highly-important influence upon legislation.