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Trump’s ‘Mr Veto’ Strategy: Can He Stall A Democratic-Controlled Congress?

The incoming Democratic majority takes office in January. Trump’s veto can block legislation, but Congress can override it with sufficient support in both chambers.

US President Donald Trump | X
Summary
  • Trump has embraced the label “Mr Veto” and threatened to block legislation passed by the incoming Democratic-controlled House and Senate

  • Under Article I, Section 7 of the US Constitution, Congress can override a presidential veto with a two-thirds majority of members voting in both chambers

  • Trump has vetoed 12 bills across his two administrations, with Congress overriding one of his vetoes in 2021. His veto cannot prevent congressional investigations and oversight of his administration

US President Donald Trump has threatened to veto legislation he considers “insane” after Democrats won control of both chambers of Congress in the November 3 midterm elections, setting up a potential legislative standoff when the new Congress convenes in January 2027.

Trump had also indicated he was willing to work with Democrats on some issues. In an exclusive CBS News interview published on Tuesday, before polls closed, Trump called the veto his “ultimate power” and welcomed the label “Mr Veto” to describe his approach if Democrats took control of either chamber.

He said he expected repeated vetoes to push Democrats towards negotiations. Trump also pointed to the Supreme Court’s ruling in Trump v Slaughter, saying it had given the presidency “tremendous powers”. The decision allowed him to remove Rebecca Slaughter from the Federal Trade Commission; Trump argued that it would strengthen his ability to exercise control over federal agencies, boards and commissions.

How The Veto Works

Article I, Section 7 of the US Constitution allows the president to sign a bill into law or return it to the chamber where it originated with objections. Congress can reconsider the legislation and override a regular veto with a two-thirds majority in both the House of Representatives and the Senate. The required threshold is two-thirds of members voting in each chamber, provided a quorum is present.

This means Trump can block bills passed by Democrats unless they secure enough support, including from Republican lawmakers, to override him. Neither chamber is required to hold an override vote, so legislation can also remain stalled after a veto.

The president cannot, however, cancel individual provisions of a bill after signing it. The Supreme Court struck down the federal line-item veto law in Clinton v City of New York in 1998, ruling that the cancellation mechanism violated the Constitution’s legislative process.

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Trump has vetoed 12 bills across his two administrations, according to the US Senate: 10 during his first term and two in his second. Congress overrode one, his 2020 veto of the National Defense Authorization Act for Fiscal Year 2021.

The incoming Democratic majority will also control congressional investigations and oversight of the administration. Trump’s veto can obstruct its legislative agenda, but it cannot prevent lawmakers from using those powers.

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