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Trump’s Veto Power Leaves Democrats Facing a Two-Thirds Override Test

A regular veto can be overridden with support from two-thirds of members voting in both the House and Senate, provided each chamber has a quorum.

Updated 2 min read
The U.S. House chamber is seen from the public gallery at the Capitol in Washington, D.C. / TokenPost.ai
The U.S. House chamber is seen from the public gallery at the Capitol in Washington, D.C. / TokenPost.ai

The Associated Press called Democratic control of Congress after the Nov. 3 midterms, but President Donald Trump can block legislation unless supporters muster two-thirds votes in both chambers to override him.

The AP called the Senate for Democrats at 11:36 p.m. ET Nov. 3 and the House at 1:24 a.m. ET Nov. 4. Presidential veto power may also shape negotiations before a bill reaches the White House: the Congressional Research Service (CRS) says veto threats and administration policy statements can lead lawmakers to revise proposals.

After the House and Senate approve the same bill, Trump may return it with objections to the chamber where it began. To enact the measure over his objection, at least two-thirds of those voting in each chamber must approve it again, with a quorum present. A simple majority would not be enough. If every seat is filled and every member votes, the threshold would be 290 in the 435-member House and 67 in the 100-member Senate.

The Constitution gives the president 10 days to act, excluding Sundays. If Congress adjourns in a way that prevents a bill from being returned during that period, the unsigned measure does not become law. This is known as a pocket veto; lawmakers would have to introduce and pass the measure again.

Senate records list 10 vetoes by Trump from 2017 to 2021, with one overridden. They also list two vetoes during his second administration; the House sustained both.

A veto does not remove Congress’ oversight authority. CRS says chamber rules allow standing committees to issue subpoenas, subject to procedural and legal limits. EconoTimes previously examined the two-thirds route under Trump’s veto threat.

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