[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 24. Bills, Resolutions, and Memorials]
[C. Veto Powers]
[Â§ 20. Return of Vetoed Bills]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4937-4943]
 
                               CHAPTER 24
 
              Bills, Resolutions, Petitions, and Memorials
 
                             C. VETO POWERS
 
Sec. 20. Return of Vetoed Bills

    The Constitution provides, in article I, section 7, clause 2, that 
if the President does not sign a bill presented to him ``. . . 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.''
    It is the usual rule that when a vetoed bill is received in the 
House from the President, the House proceeds at once to consider it. 
When a veto message is laid before the House the question of passage is 
considered as pending (5) and a quorum is required to be 
present to consider the question.(6)
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 5. See 7 Cannon's Precedents Sec. Sec. 1097-1099.
 6. Id. at Sec. 1094.                          -------------------
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Presentation of Veto Message to the house

Sec. 20.1 When a bill is vetoed and returned to the House with the 
    President's objections, the veto message is laid before the House, 
    read by the Clerk, and the objections spread at large on the 
    Journal.

    On May 28, 1948,(7) the Speaker pro tempore 
(8) laid before the House the veto message of President 
Harry Truman on the bill (H.R. 1308) for the relief of H. C. Biering, 
the message having been received in the House on the previous day 
shortly before adjournment. The message was read by the Clerk and the 
President's veto spread on the Journal. By unanimous consent, the bill 
and the message were referred to the Committee on the Judiciary.
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 7. 94 Cong. Rec. 6697, 80th Cong. 2d Sess.
 8. Charles A. Halleck (Ind.).
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Announcement as to Receipt of Veto Message

Sec. 20.2 Parliamentarian's Note: Where there are veto messages on the 
    Speaker's desk, he may announce that fact so that the Record and 
    Journal will show the receipt of the messages and to notify the 
    Members that consideration thereof is pending.

[[Page 4938]]

    On Aug. 2, 1946,(9) the Speaker (10) 
announced that the Chair had received veto messages on the bills H.R. 
4660 and H.R. 6442 and that they would be laid before the House at the 
proper time.
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 9. 94 Cong. Rec. 10744, 79th Cong. 2d Sess.
10. Sam Rayburn (Tex.).
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Veto Messages Received During Adjournment

Sec. 20.3 When a veto message from the President is received by the 
    Clerk of the House at a time when the House is not in session, the 
    Clerk transmits the sealed envelope containing the message to the 
    Speaker with a letter explaining the circumstances.

    On Aug. 31, 1959,(11) the Speaker (12) laid 
before the House the following communication from the Clerk of the 
House:

11. 105 Cong. Rec. 17397, 86th Cong. Ist Sess.
12. Sam Rayburn (Tex.).
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                                                  August 28, 1959.
    The Honorable Speaker,
    House of Representatives.

        Sir: I have the honor to transmit herewith a sealed envelope 
    addressed to the Speaker of the House of Representatives from the 
    President of the United States, received in the Clerk's office at 
    3:15 p.m. on August 28, 1959, and said to contain a veto message on 
    H.R. 7509, ``An act making appropriations for civil functions 
    administered by the Department of the Army, certain agencies of the 
    Department of the Interior, and the Tennessee Valley Authority for 
    the fiscal year ending June 30, 1960, and for other purposes.''
        Respectfully yours,

                                               Ralph R. Roberts,

                             Clerk, U.S. House of Representatives.

    Parliamentarian's Note: H.R. 7509 had been transmitted to the 
President on Aug. 18, 1959. The 10-day constitutional limitation for a 
veto would have expired Aug. 29. The House had adjourned from Thursday, 
Aug. 27, to Monday, Aug. 31, and the Clerk, pursuant to Wright v United 
States (302 U.S. 583), had authority to receive and did receive the 
message during a time when the House was not in session.
    Likewise, on July 24, 1961,(13) the Speaker 
(14) laid before the House the following communication:
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13. 107 Cong. Rec. 13151, 87th Cong. 1st Sess.
            For other instances see 111 Cong. Rec. 14845, 89th Cong. 
        1st Sess., June 28, 1965; 110 Cong. Rec. 21410, 88th Cong. 2d 
        Sess., Sept. 2, 1964; 110 Cong. Rec. 6095, 88th Cong. 2d Sess., 
        Mar. 24, 1964; 96 Cong. Rec. 9193, 81st Cong. 2d Sess., June 
        26, 1950; and 86 Cong. Rec. 13601, 76th Cong. 3d Sess., Oct. 
        28, 1940.
14. Sam Rayburn (Tex.).
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                                                    July 21, 1961.

[[Page 4939]]

    The Honorable the Speaker,
    House of Representatives.

        Sir: I have the honor to transmit herewith a sealed envelope 
    addressed to the Speaker of the House of Representatives from the 
    President of the United States, received in the Clerk's office at 
    11:15 a.m. on July 21, 1961, and said to contain a veto message on 
    H.R. 4206, ``An act for the relief of Melvin H. Baker and Frances 
    V. Baker.''
        Respectfully yours,

                                               Ralph R. Roberts,

                             Clerk, U.S. House of Representatives.

    Parliamentarian's Note: H.R. 4206 had been transmitted to the 
President on July 11, 1961. The 10-day period within which the 
President could veto the bill would have expired on July 22. The House 
had adjourned from Thursday, July 20, to Monday, July 24, and the 
Clerk, pursuant to procedure recognized as valid in Wright v United 
States (302 U.S. 583), had authority to receive the message during a 
time when the House was not in session.

Sec. 20.4 Where the President vetoed several bills during an 
    adjournment period in excess of 10 days, and sent his veto messages 
    to the Clerk of the House, upon reconvening the Speaker laid the 
    messages and bills before the House and referred them to the 
    committees from which they originated.

    On Sept. 5, 1945,(15) the Speaker (16) laid 
before the House the veto messages of the President on five bills 
(17) received in the House after an adjournment period in 
excess of 10 days. The Clerk had been authorized on July 21, 1945, to 
receive messages from the President during the adjournment of the 
House, which was scheduled to last from July 21 to Oct. 8, 1945. The 
Congress reconvened on Sept. 5 pursuant to a recall order of its 
leadership. The Speaker then laid the messages and bills before the 
House and, by separate motion on each bill, and by unanimous consent, 
referred them to the committees from which they had originated.
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15. 91 Cong. Rec. 8322-24, 79th Cong. 1st Sess.
16. Sam Rayburn (Tex.).
17. The bills were: (1) H.R. 259 for the relief of George Gottlieb; (2) 
        H.R. 3477 authorizing improvement of certain harbors in the 
        interest of commerce and navigation; (3) H.R. 952 for the 
        relief of the Morgan Creamery Company; (4) H.R. 1856 for the 
        relief of Southwestern Drug Company; and (5) H.R. 3549 to 
        provide for the conveyance of certain weather bureau property 
        to Norwich University, Northfield, Vt. All of the veto messages 
        were dated before Aug. 1, 1945, the date on which the Senate 
        adjourned.
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Delivery of Veto Message at Joint Session

Sec. 20.5 The President personally delivered a veto message

[[Page 4940]]

    to a joint session of the Congress.

    On May 22, 1935,(18) President Franklin D. Roosevelt 
personally addressed a joint session of the Congress in order to 
deliver his veto message of the bill (H.R. 3896), providing for the 
immediate payment to veterans of the face value of their adjusted-
service certificates. The President addressed both Houses pursuant to 
House Concurrent Resolution 22. He said, ``As to the right and 
propriety of the President in addressing the Congress in person, I am 
very certain that I have never in the past disagreed, and will never in 
the future disagree, with the Senate or the House of Representatives as 
to the constitutionality of the procedure. With your permission, I 
should like to continue from time to time to act as my own messenger.''
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18. 79 Cong. Rec. 7993-96, 74th Cong. 1st Sess.
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    The Senate had considered and passed the concurrent resolution (H. 
Con. Res. 22) authorizing this joint session on the preceding 
day.(19) Senator Frederick Steiwer, of Oregon, objected to 
the resolution, observing:
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19. Id. at pp. 7896-902, 7943.
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        My objection to the concurrent resolution is that it seeks to 
    involve the Senate in this procedure. It proposes that the Senate 
    shall meet with the House in joint session, and we are told that 
    the veto message of the President, or the objections which the 
    President proposes to make to a bill which Congress has passed 
    shall not be returned to the House, the body in which the 
    legislation was originated, but that it shall be returned to a 
    joint session of both bodies. It is that procedure which I condemn. 
    It is that procedure which I claim is not countenanced by the 
    Constitution. It is in violation of the Constitution of the United 
    States that this legislation should be returned to the joint body 
    rather than to the body in which the legislation originated. It 
    will be in violation of the Constitution if the objections shall be 
    made to the joint body rather than that they should be entered in 
    the Journal of the House by the normal and usual procedure which 
    has been employed in this country for a century and a 
    half.(20)
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20. Id. at p. 7897.
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    Senator J. W. Robinson, of Utah, responded:

        The discussion as to what message is to be heard appears to me 
    to be more or less irrelevant. The concurrent resolution provides 
    for a joint session of the two Houses of the Congress to hear such 
    communications as the President shall be pleased to make.

        There is no limitation in the Constitution or in the rules of 
    the two Houses on the occasion or the purposes for which joint 
    sessions may be held. Therefore it is entirely within the 
    discretion or judgment of the two Houses when joint sessions shall 
    convene.(21)
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21. Id. at p. 7900.
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    Parliamentarian's Note: As its first business upon reconvening

[[Page 4941]]

following the President's address, the House voted to override the 
Presidential veto on H.R. 3896.(22) The vote in the Senate 
on May 23 (legislative day of May 13) failed of a two-thirds majority, 
so that the veto was sustained.(1)
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22. Id. at pp. 7996, 7997.
 1. Id. at pp. 8066, 8067.
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Notification of Senate Action on Vetoed Bill

Sec. 20.6 The Senate notifies the House when it passes a Senate bill 
    over a Presidential veto.

    On Aug. 13, 1958,(2) the Speaker (3) laid 
before the House the following message from the Senate:

 2. 104 Cong. Rec. 17354, 85th Cong. 2d Sess.
 3. Sam Rayburn (Tex.).
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                                          In the Senate of the
                                                  United States,
                                                  August 12, 1958.

        The Senate having proceeded to reconsider the bill (S. 2266) 
    entitled ``An act to provide a method for regulating and fixing 
    wage rates for employees of Portsmouth, N.H., Naval Shipyard,'' 
    returned by the President of the United States with his objections 
    to the Senate, in which it originated, and passed by the Senate on 
    reconsideration of the same, it was
        Resolved, That the said bill pass, two-thirds of the Senators 
    present having voted in the affirmative.(4)
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 4. See also 94 Cong. Rec. 8523, 80th Cong. 2d Sess., June 16, 1948; 
        and 87 Cong. Rec. 6886, 77th Cong. 1st Sess., Aug. 7, 1941.
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Referral of Vetoed Bill Messaged From Senate

Sec. 20.7 The Senate passed a private bill over the President's veto 
    and messaged it to the House, where it was referred to a committee.

    On July 5, 1952,(5) the Speaker (6) laid 
before the House a bill (S. 827)--passed by the Senate over the 
President's veto--for the relief of Fred P. Hines.
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 5. 98 Cong. Rec. 9608, 82d Cong. 2d Sess.
 6. Sam Rayburn (Tex.).
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    Mr. Emanuel Celler, of New York, moved that the bill and veto 
message be referred to the Committee on the Judiciary and ordered 
printed.
    The motion was agreed to.

Correcting Errors in Veto Messages

Sec. 20.8 The White House, having discovered an error in a veto message 
    transmitted to the House, sent a further message to the House 
    correcting the error.

    On May 25, 1960,(7) the Speaker (8) laid 
before the House a com
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 7. 106 Cong. Rec. 11060, 86th Cong. 2d Sess.
 8. Sam Rayburn (Tex.).
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[[Page 4942]]

munication from the President of the United States; this message (shown 
below) was read and referred to the Committee on Ways and Means.
                                                     May 23, 1960.

        Dear Mr. Speaker: An error appears in my message of disapproval 
    on H.R. 7947, a bill relating to the income tax treatment of 
    nonrefundable capital contributions to Federal National Mortgage 
    Association.
        In the last sentence of the second paragraph of my message the 
    word ``purchases'' should be inserted in lieu of the word 
    ``sells''.
        Sincerely,
                                             Dwight D. Eisenhower.

Return of Veto Message to President

Sec. 20.9 The House complied with the request of the President that a 
    bill and veto message be returned to him.

    On Aug. 1, 1946,(9) the Speaker (10) laid 
before the House the following message from the President:

 9. 92 Cong. Rec. 10651, 79th Cong. 2d Sess.
10. Sam Rayburn (Tex.).
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    To the House of Representatives:

        I hereby request the return of H.R. 3420, a bill ``to provide 
    for refunds to railroad employees in certain cases so as to place 
    the various States on an equal basis, under the Railroad 
    Unemployment Insurance Act, with respect to contributions of 
    employees,'' and my message of July 31 appertaining thereto.
                                                 Harry Truman,
                                                The White House,
                                                   August 1, 1946.

        The Speaker: Without objection, the request of the President 
    will be complied with, and the Clerk will transmit the papers 
    requested.
        There was no objection.

    Parliamentarian's Note: The President transmitted to the House 
three veto messages shortly after the convening of the House on Aug. 1. 
The Speaker observed that included therewith was an apparent veto of 
H.R. 3420, although he believed that the President had intended to sign 
the bill. It was suggested that the President send a message to the 
House requesting the return of the bill before the veto was laid before 
the House. Such a message was received from the President, which was 
laid before the House and agreed to, and the bill H.R. 3420 was 
returned to the President without ever having been read to the House. 
It should be noted that if the veto message on H.R. 3420 had been laid 
before the House and read, then under the precedent established in the 
Senate on Aug. 15, 1876 (4 Hinds' Precedents Sec. 3521) the message and 
bill could not have been returned to the President. The above bill was 
signed by the President on Aug. 2,

[[Page 4943]]

1946, and became Public Law No. 79-599 of the 79th Congress.