U.S. Constitution · Article I, Section 7, Clause 2
Presentment Clause; Veto Clause
Alerts when a new grade, SI Solution or Think Tank idea cites Art. I, § 7, cl. 2.
Also known as: Presentment Clause · Veto Clause
Every bill passed by the House and Senate must be presented to the President, who may sign it, veto it by returning it with objections subject to a two-thirds override in each house, or allow it to become law after ten days unless adjournment prevents its return.
Live in the VFA record
Cited in 1 VFA SI Solution and 4 grades this month.
19 public items cite this provision · 5 in October 2026 (last month: 0)
Citations per week, last 12 weeks
The text
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
National Archives transcription (public domain; original spelling and capitalization). archives.gov
SI explainer
What it means
Original meaning
- “The primary inducement to conferring the power in question upon the Executive is, to enable him to defend himself; the secondary one is to increase the chances in favor of the community against the passing of bad laws, through haste, inadvertence, or design.” Alexander Hamilton, The Federalist No. 73 (1788-03-21)
- “The propensity of the legislative department to intrude upon the rights, and to absorb the powers, of the other departments, has been already suggested and repeated; the insufficiency of a mere parchment delineation of the boundaries of each, has also been remarked upon; and the necessity of furnishing each with constitutional arms for its own defense, has been inferred and proved.” Alexander Hamilton, The Federalist No. 73 (1788-03-21)
- “The third branch in the legislature may answer three valuable purposes, to impede in their passage hasty and intemperate laws, occasionally to assist the senate or people, and to prevent the legislature from encroaching upon the executive or judiciary.” The Federal Farmer, Letters from the Federal Farmer, No. 14 (on the veto) (1788-01-17)
How the Supreme Court has read it
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The Pocket Veto Case, 279 U.S. 655 (1929)
The Court held that a bill not returned by the President because Congress adjourned at the end of its first session did not become law, because the adjournment prevented its return within the meaning of the Presentment Clause.
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INS v. Chadha, 462 U.S. 919 (1983)
The Court held that a one-house legislative veto of executive action violates the Constitution's bicameralism and presentment requirements.
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Clinton v. City of New York, 524 U.S. 417 (1998)
The Court held that the Line Item Veto Act, which allowed the President to cancel individual spending and tax provisions after signing a bill, violated the Presentment Clause.
Two schools of interpretation
Originalist / textualist reading
Originalists and textualists read the Presentment Clause as a fixed and exclusive lawmaking procedure. On this view, the words prescribe a sequence: passage by the House and Senate, presentment to the President, signature, or return with objections followed by recorded reconsideration and two-thirds votes in each house, or enactment after ten days without return except when adjournment prevents return. Because the procedure protects the executive and guards against hasty or ill-considered laws, departures such as lawmaking without presentment or presidential revision of enacted text after signature are not permitted. The Court's holdings invalidating the one-house legislative veto and the Line Item Veto Act are, on this account, applications of that fixed textual procedure.
Living-constitutionalist reading
Living constitutionalists and pragmatists read the Presentment Clause in light of the needs of modern government. On this view, the Clause states central principles of bicameral passage, presentment, presidential approval or veto with written objections, recorded override votes, and the ten-day and adjournment rules, but those principles must operate within a large administrative state with broad delegation and complex omnibus legislation. Supporters of this approach, as reflected in Justice White's dissent described in the case record, defended devices such as the legislative veto as functional accommodations that preserved congressional oversight while allowing delegation. In its strongest fair form, this reading seeks to honor separation of powers and deliberation while allowing practical adjustments to new legislative and administrative conditions.
SI-generated explainer · passed automated checks (Constitution citation, every quotation verified word for word against its public-domain source, every case from a verified case record, independent SI critic) · not individually reviewed by a person · published 2026-10-18 · methodology · Report an error: hello@valuesforamerica.com
Cited in the VFA record
“Where this provision is cited”
SI Solutions (1)
grades (4)
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H.Con.Res. 64: To direct the removal of United States Armed Forces from hostilities within or against Venezuela that have not been authorized by Congress.
2026-10-09 · Grade D (Likely unconstitutional)
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H.R. 8595: Making appropriations for national security, Department of State, and related programs for the fiscal year ending September 30, 2027, and for other purposes.
2026-10-08 · Grade A (Constitutional)
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S.J.Res. 28: A joint resolution disapproving the rule submitted by the Bureau of Consumer Financial Protection relating to "Defining Larger Participants of a Market for General-Use Digital Consumer Pa
2026-10-08 · Grade A (Constitutional)
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H.J.Res. 87: Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicl
2026-10-08 · Grade A (Constitutional)
roll-call votes (14)
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House roll call 241 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 242 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 243 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 244 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 245 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 246 (2026): On Motion to Recommit on H R 8595
2026-07-15 · Failed · official record
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House roll call 247 (2026): On Passage on H R 8595
2026-07-15 · Passed · official record
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House roll call 346 (2025): On Agreeing to the Resolution on H CON RES 64
2025-12-17 · Failed · official record
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Senate roll call 278 (2025): On the Motion to Proceed on H.J.Res. 87
2025-05-22 · Motion to Proceed Agreed to · official record
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Senate roll call 279 (2025): On the Joint Resolution on H.J.Res. 87
2025-05-22 · Joint Resolution Passed · official record
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House roll call 111 (2025): On Passage on H J RES 87
2025-04-30 · Passed · official record
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House roll call 95 (2025): On Passage on S J RES 28
2025-04-09 · Passed · official record
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Senate roll call 106 (2025): On the Joint Resolution on S.J.Res. 28
2025-03-05 · Joint Resolution Passed · official record
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Senate roll call 103 (2025): On the Motion to Proceed on S.J.Res. 28
2025-03-04 · Motion to Proceed Agreed to · official record
Roll-call votes are listed when the measure voted on has a current Constitution Index grade citing this provision. Counts include only published items.
Cite this page
Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article I, Section 7, Clause 2, https://www.valuesforamerica.com/constitution/article-1/section-7/clause-2
Data: this provision as JSON.