The appointing power is, then, an important phase of the President’s
authority. He names all the higher officials of the Government subject
to confirmation by the Senate as has already been explained. He has the
power to remove any national official. In the case of minor officials he
may, and usually does, depend upon the advice of senators or congressmen
both as regards appointments and removals; but in the case of all high
officers these things must have the President’s personal attention.
Naturally they take a great deal of his time.
[Sidenote: 2. The executive veto.]
In relation to Congress the President has the right to make
recommendations and to veto any measure which he does not approve. These
recommendations he may make either by written message or by appearing
before Congress in person. The veto power places a powerful weapon in
the President’s hands. Every bill or resolution which passes both Houses
of Congress must be laid before the President. If he approves, he signs
it. If not, he is entitled, at any time within ten days, to return the
bill or resolution without his signature, giving his reasons for the
refusal to sign. [Sidenote: Scope of the veto power.] When the President
vetoes a measure in this way Congress reconsiders it and a vote is then
taken to determine whether the action of the President shall be
sustained or overridden. If two-thirds of the members present in both
the Senate and the House vote to override the veto, the measure becomes
effective; if less than two-thirds so vote, the measure becomes null.
[Sidenote: The “pocket veto”.]
But suppose the President neither signs nor vetoes the measure within
ten days after it is sent to him, what then? The constitution provides
that in such case the measure shall become a law. If Congress adjourns
before the ten-day period has expired, however, the bill does not become
a law. It is not necessary for a President to veto any measure that may
come to him during the ten days immediately preceding the adjournment of
Congress. If he does not approve the measure, he merely withholds his
signature and it dies on his table. This is known as the “pocket veto”.
[Sidenote: Its use and abuse.]
The veto power has been used very little by some presidents and a great
deal by others. During the first forty years of the Republic only nine
bills were vetoed. But during the past forty years presidential vetoes
have been very common. When a measure has been vetoed there is great
difficulty, as a rule, in obtaining the necessary two-thirds vote to
override the veto; but vetoes, nevertheless, are occasionally overcome.
The use of the veto, although it is an exercise of executive power,
makes the President a vital factor in legislation. Under ordinary
circumstances he can defeat any measure that is not acceptable to
him.[130] There are exceptions to this rule, to be sure, but it is valid
in the main.
[Sidenote: 3. The conduct of foreign relations.]
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