President Donald Trump has made clear that he intends to use one of the most powerful tools available to the presidency if Democrats control Congress. In an interview with CBS News before the November 3 midterm elections, Trump pointed to his veto authority when asked how he would respond to a Democratic Congress.
“I have the ultimate power. It’s called veto,” Trump said. He suggested that repeated vetoes could eventually force Democrats to negotiate with him.
Now that Democrats have won control of both chambers of Congress, according to election reporting, that threat raises an important question: How much power does a president actually have to block Congress, and what can lawmakers do in response?
The answer is that the president has significant power, but it is not unlimited.
What can a president veto?
Under the Constitution, the president can veto legislation passed by both the House of Representatives and the Senate. A bill sent to the president can be signed into law or returned to Congress with objections.
A veto prevents the bill from becoming law unless Congress successfully overrides it.
But the president cannot veto every action taken by Congress. A veto generally applies to legislation that must be presented to the president. It does not give the president the authority to cancel congressional investigations, stop lawmakers from holding hearings, or prevent Congress from carrying out its constitutional responsibilities.
The president also cannot use a veto to erase laws that have already been enacted.
How can Congress defeat a presidential veto?
The Constitution gives Congress a way to override a presidential veto.
To do so, lawmakers must secure a two-thirds majority in both the House and the Senate. If the full membership votes, that generally means at least 290 votes in the House and 67 votes in the Senate.
If both chambers reach that threshold, the bill becomes law without the president’s signature.
This is a high bar. A simple Democratic majority in either chamber would not be enough. Democrats would need support from Republican lawmakers to override a veto unless they have enough votes on their own.
Historically, overriding a presidential veto has been difficult because it requires substantial bipartisan support.
What else can Congress do?
Even without enough votes to override a veto, a Congress controlled by the opposition party is not powerless.
Control government spending. Congress has the constitutional authority to approve federal spending. Lawmakers can negotiate funding bills, set conditions on how money is used, and refuse to approve certain spending priorities. The president cannot simply create federal appropriations on his own.
Investigate the administration. Congressional committees can hold hearings, request documents, question administration officials, and investigate government policies. They can also issue subpoenas, although disputes over executive privilege and compliance can lead to legal battles.
Block or delay nominations. The Senate has the power to confirm or reject many presidential nominees, including federal judges and senior administration officials. A Senate controlled by the opposing party can use that authority to scrutinize nominees or prevent confirmations.
Pass legislation. Congress can continue introducing and passing bills on issues such as immigration, health care, taxes, housing, and federal oversight. Even if the president vetoes those bills, lawmakers can use the process to force public debate and put pressure on the administration.
Begin impeachment proceedings. The House has the constitutional authority to impeach a president. Impeachment is not automatic removal from office. The Senate holds a trial, and conviction requires the support of two thirds of senators present.
Can Trump govern without Congress?
A president has considerable authority over the executive branch. Trump can issue executive orders, direct federal agencies, establish enforcement priorities within the limits of existing law, and use the powers granted to the presidency by the Constitution and federal statutes.
But executive orders are not the same as laws passed by Congress.
A president cannot use an executive order to create a new federal law, override a law enacted by Congress, or disregard constitutional limits. Executive actions can also be challenged in court.
That means a president can continue directing the federal government, but major policy changes that require new legislation or congressional funding may face serious obstacles when the opposing party controls Congress.
A political standoff, not unlimited presidential power
Trump’s veto threat could make it harder for Congress to pass legislation, particularly on issues where Democrats and Republicans have sharply different priorities.
But the Constitution does not give the president the final word on every issue. Congress controls legislation and federal spending, the Senate has a role in confirming nominees, and the House has the power to investigate and impeach.
The central question will be whether lawmakers can build enough bipartisan support to move legislation forward, negotiate with the White House, or challenge the administration through congressional oversight.
Trump can veto legislation. He cannot veto Congress itself.
