Veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto powers are also found at other levels of government, such as in state, provincial or local government, and in international bodies.
Some vetoes can be overcome, often by a supermajority vote: in the United States, a two-thirds vote of the House of Representatives and the Senate can override a presidential veto. Some vetoes, however, are absolute and cannot be overridden. For example, in the United Nations Security Council, the five permanent members have an absolute veto over any Security Council resolution.
In many cases, the veto power can only be used to prevent changes to the status quo. But some veto powers also include the ability to make or propose changes. For example, the Indian president can use an amendatory veto to propose amendments to vetoed bills.
The executive power to veto legislation is one of the main tools that the executive has in the legislative process, along with the proposal power. It is most commonly found in presidential and semi-presidential systems. In parliamentary systems, the head of state often has either a weak veto power or none at all. But while some political systems do not contain a formal veto power, all political systems contain veto players, people or groups who can use social and political power to prevent policy change.
The word "veto" comes from the Latin for "I forbid". The concept of a veto originated with the Roman offices of consul and tribune of the plebs. There were two consuls every year; either consul could block military or civil action by the other. The tribunes had the power to unilaterally block any action by a Roman magistrate or the decrees passed by the Roman Senate.
History
Roman veto
The institution of the veto, known to the Romans as the intercessio, was adopted by the Roman Republic in the 6th century BC to enable the tribunes to protect the mandamus interests of the plebeians from the encroachments of the patricians, who dominated the Senate. A tribune's veto did not prevent the senate from passing a bill but meant that it was denied the force of law. The tribunes could also use the veto to prevent a bill from being brought before the plebeian assembly. The consuls also had the power of veto, as decision-making generally required the assent of both consuls. If they disagreed, either could invoke the intercessio to block the action of the other. The veto was an essential component of the Roman conception of power being wielded not only to manage state affairs but to moderate and restrict the power of the state's high officials and institutions.A notable use of the Roman veto occurred in the Gracchan land reform, which was initially spearheaded by the tribune Tiberius Gracchus in 133 BC. When Gracchus' fellow tribune Marcus Octavius vetoed the reform, the Assembly voted to remove him on the theory that a tribune must represent the interests of the plebeians. Later, senators outraged by the reform murdered Gracchus and several supporters, setting off a period of internal political violence in Rome.
Liberum veto
In the constitution of the Polish–Lithuanian Commonwealth in the 17th and 18th centuries, all bills had to pass the Sejm or "Seimas" by unanimous consent, and if any legislator invoked the liberum veto, this not only vetoed that bill but also all previous legislation passed during the session, and dissolved the legislative session itself. The concept originated in the idea of "Polish democracy" as any Pole of noble extraction was considered as good as any other, no matter how low or high his material condition might be. The more and more frequent use of this veto power paralyzed the power of the legislature and, combined with a string of weak figurehead kings, led ultimately to the partitioning and the dissolution of the Polish state in the late 18th century.Emergence of modern vetoes
The modern executive veto derives from the European institution of royal assent, in which the monarch's consent was required for bills to become law. This in turn had evolved from earlier royal systems in which laws were simply issued by the monarch, as was the case for example in England until the reign of Edward III in the 14th century. In England itself, the power of the monarch to deny royal assent was not used after 1708, but it was used extensively in the British colonies. The heavy use of this power was mentioned in the U.S. Declaration of Independence in 1776.Following the French Revolution in 1789, the royal veto was hotly debated, and hundreds of proposals were put forward for different versions of the royal veto, as either absolute, suspensive, or nonexistent. With the adoption of the French Constitution of 1791, King Louis XVI lost his absolute veto and acquired the power to issue a suspensive veto that could be overridden by a majority vote in two successive sessions of the Legislative Assembly, which would take four to six years. With the abolition of the monarchy in 1792, the question of the French royal veto became moot.
The presidential veto was conceived in by republicans in the 18th and 19th centuries as a counter-majoritarian tool, limiting the power of a legislative majority. Some republican thinkers such as Thomas Jefferson, however, argued for eliminating the veto power entirely as a relic of monarchy. To avoid giving the president too much power, most early presidential vetoes, such as the veto power in the United States, were qualified vetoes that the legislature could override. But this was not always the case: the Chilean constitution of 1833, for example, gave that country's president an absolute veto.
Types
Most modern vetoes are intended as a check on the power of the government, or a branch of government, most commonly the legislative branch. Thus, in governments with a separation of powers, vetoes may be classified by the branch of government that enacts them: an executive veto, legislative veto, or judicial veto.However, other types of veto power have safeguarded other interests. The denial of royal assent by governors in the British colonies, which continued well after the practice had ended in Britain itself, served as a check by one level of government against another. Vetoes may also be used to safeguard the interests of particular groups within a country. The veto power of the ancient Roman tribunes protected the interests of one social class against another. In the transition from apartheid, a "white veto" to protect the interests of white South Africans was proposed but not adopted. More recently, indigenous vetoes over industrial projects on indigenous land have been proposed following the 2007 Declaration on the Rights of Indigenous Peoples, which requires the "free, prior and informed consent" of indigenous communities to development or resource extraction projects on their land. However, many governments have been reluctant to allow such a veto.
Vetoes may be classified by whether the vetoed body can override them, and if so, how. An absolute veto cannot be overridden at all. A qualified veto can be overridden by a supermajority, such as two-thirds or three-fifths. A suspensory veto, also called a suspensive veto, can be overridden by a simple majority, and thus only delays the law from coming into force.
Types of executive vetoes
A package veto, also called a "block veto" or "full veto", vetoes a legislative act as a whole. Conversely, a partial veto, also called a line-item veto, allows the executive to object only to some specific part of the law while allowing the rest to stand. An executive with a partial veto has a stronger negotiating position than an executive with only a package veto power.An amendatory veto or amendatory observation returns legislation to the legislature with proposed amendments, which the legislature may either adopt or override. The effect of legislative inaction may vary: in some systems, if the legislature does nothing, the vetoed bill fails, while in others, the vetoed bill becomes law. Because the amendatory veto gives the executive a stronger role in the legislative process, it is often seen as a marker of a particularly strong veto power.
Some veto powers are limited to budgetary matters. Other veto powers apply only to non-budgetary matters; some apply only to constitutional matters. A veto power that is not limited in this way is known as a "policy veto".
One type of budgetary veto, the reduction veto, which is found in several US states, gives the executive the authority to reduce budgetary appropriations that the legislature has made. When an executive is given multiple different veto powers, the procedures for overriding them may differ. For example, in the US state of Illinois, if the legislature takes no action on a reduction veto, the reduction simply becomes law, while if the legislature takes no action on an amendatory veto, the bill dies.
A pocket veto is a veto that takes effect simply by the executive or head of state taking no action. In the United States, the pocket veto can only be exercised near the end of a legislative session; if the deadline for presidential action passes during the legislative session, the bill will simply become law. The legislature cannot override a pocket veto.
Some veto powers are limited in their subject matter. A constitutional veto only allows the executive to veto bills that are unconstitutional; in contrast, a "policy veto" can be used wherever the executive disagrees with the bill on policy grounds. Presidents with constitutional vetoes include those of Benin and South Africa.