Legal Question in Constitutional Law in District of Columbia
The Federal veto and its overide
If a bill passes both
houses of Congress with
a 2/3rds majority (in
each house). and the the
President wishes to veto
the bill, must it be voted
on a second time, or will
it automatically be
overridden due to the
large vote on the first
round?
2 Answers from Attorneys
Re: The Federal veto and its overide
Congress cannot override a veto that hasn't happened yet. After the bill is vetoed, Congress votes on whether the veto should be overridden -- which is not the same question it voted on the first time around.
Re: The Federal veto and its overide
Even bills that pass both houses unanimously can be vetoed, and they will stay vetoed unless and until 2/3 of the members of each house vote in favor of a joint resolution overriding the veto.
Note that the members do not vote a second time on the original bill. They would be voting on a separate joint resolution overriding the veto.