Trump's veto power takes center stage as Democrats near control

Congressional overrides would require votes from both parties

President Trump’s veto authority is poised to become a central obstacle for Democrats after a Democratic majority appeared imminent in both chambers of Congress for the next Congress. Democrats would be able to block Republican-backed legislation and push bills of their own, while Republicans would rely on Trump to veto measures they could not block in Congress. The majorities would not, however, allow Democrats to enact most bills on their own.

On Truth Social on Tuesday night, as the Democratic majority appeared imminent in both chambers, Trump posted an image of a red MAGA-style baseball cap reading “VETO” in white lettering. Trump has already said that he is prepared to flex his presidential powers during the next Congress.

After a bill passes both the House and Senate, a president has 10 days, excluding Sundays, to return the unsigned bill to Congress with objections, which constitutes a veto. In most cases, a bill cannot become law without the president’s signature, though the president’s veto authority has its own limits.

Most bills would still require some Republican cooperation. Any member of the Senate can threaten a filibuster, and the procedure cannot be overcome without 60 votes, more than Democrats will have in the chamber. Some legislation, including spending and revenue bills, can pass through budget reconciliation by simple majority and is filibuster proof. For those measures, a veto would be the only obstacle between a Democratic bill and its passage into law.

Congress can override most vetoes with a two-thirds majority, or 290 votes in the House and 67 votes in the Senate when all members vote. Because those thresholds are high, Democrats would need Republican cooperation to override Trump. The last time Congress overrode a veto was during Trump’s first term in 2021, when Congress passed a $740 billion military spending bill over his objections. The measure also included corporate transparency provisions.

Past presidents could also reject bills by doing nothing. If Congress adjourned before the president’s 10-day veto period expired, taking no action would cause the bill to die. Known as a pocket veto, that move is not subject to an override vote. President Franklin D. Roosevelt used pocket vetoes hundreds of times.

Pocket vetoes have fallen out of use because of legal rulings and changes in how Congress runs itself. Congress does not officially go out of session today, even during breaks. Lawmakers would not be able to stave off a pocket veto if they passed a bill close to Jan. 3 after an election, when Congress must end its session. The most recent pocket veto was in 2000, when President Bill Clinton blocked a bankruptcy measure.

Democrats can also pass broadly popular bills they expect Trump to veto. The Wall Street Journal described the approach as a political stunt: the forced veto could lead Democrats to accuse Trump of blocking their priorities and provide fodder for the next election cycle. In 2016, Republicans passed a bill to repeal the Affordable Care Act, a key issue for their base, and President Barack Obama vetoed it.

Even without passing bills, control of both chambers would give Democrats substantial reach to pursue their agenda. Government oversight and anticorruption efforts are a cornerstone of the Democratic platform, and many Democrats have pledged to go after Trump and his allies for allegedly profiting from office. A congressional majority would also give Democrats access to committees with investigation and subpoena abilities.

The majorities would also improve Democrats’ ability to block Trump’s appointees. Appointments move through a Senate committee and then the full chamber, where they can be confirmed or blocked by a simple-majority vote.

Taken together, the procedures give Trump a veto that can stop some legislation but does not let him control the legislative process alone. Reconciliation bills can reach him without facing a filibuster, but overriding his veto requires 290 House votes and 67 Senate votes. Even if Democrats’ legislative agenda stalls, their majorities would still open committee investigations, subpoena powers and a simple-majority path to block presidential appointments.