Donald Trump: Vetoed legislation, 2017-2021

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President Donald Trump (R)

President Donald Trump (R) issued ten vetoes during his first term. One of these vetoes was overridden by Congress.

Article I, Section 7 of the Constitution of the United States gives the president of the United States the ability to veto a bill passed by Congress. A veto prevents a bill from being enacted into law. A presidential veto can be overridden by a two-thirds vote in both the Senate and the House of Representatives. When Congress overrides a veto, the bill becomes law without the president's approval.

A full list of Trump's vetoed legislation appears below. To see the bills vetoed by Trump's predecessor, Barack Obama (D), click here.

HISTORICAL FACTS
  • President Franklin D. Roosevelt vetoed 635 bills, the most of any president.
  • Presidents John Adams, Thomas Jefferson, John Q. Adams, William H. Harrison, Zachary Taylor, Millard Fillmore, and James A. Garfield did not issue any vetoes.

    • Timeline of Trump’s vetoes

    See also: U.S. presidents: Vetoed legislation

    President Donald Trump has issued the following vetoes:[1]

    Beyond the Headlines - Vetoes (April 9, 2019

    Summary of Trump's vetoes

    S.906 - Driftnet Modernization and Bycatch Reduction Act

    On Jan. 1, 2021, President Donald Trump (R) vetoed S.906 - the Driftnet Modernization and Bycatch Reduction Act.[2]

    The act would have introduced new regulation surrounding driftnet fishing, a method of fishing involving the use of a large net that drifts on ocean currents to catch fish. The act would have expanded an existing ban on gillnets longer than 2.5 kilometers to also prohibit the use of any nets with a mesh size exceeding 14 inches. It would also have required the U.S. Department of Commerce to carry out a program assisting in a transition away from driftnet fishing during the five years before it was set to take effect.[2]

    In his veto message, President Trump said that the bill would put fishermen out of business and was a solution to a problem that did not exist because existing fishing management programs worked to prevent overfishing without prohibiting the use of driftnets. President Trump added that the bill would increase demand for foreign seafood that is produced in countries with fewer regulations in place to prevent overfishing.

    Sen. Shelley Moore Capito (R-W.Va.) introduced S.906 on March 27, 2019. Sens. Chris Coons (D-Del.), Richard Blumenthal (D-Conn.), and Kamala Harris (D-Calif.) signed on as cosponsors on June 18, 2019. It passed the Senate by voice vote on July 22, 2020, and passed the House 283-105 on Dec. 10, 2020. The 283 yeas included 226 Democrats, 56 Republicans, and one independent. All 105 nay votes were Republicans. Thirty-five Republicans and six Democrats did not vote.

    H.R.6395 - National Defense Authorization Act for Fiscal Year 2021

    On Dec. 23, 2020, President Donald Trump (R) vetoed H.R.6395 - National Defense Authorization Act for Fiscal Year 2021.[3] On December 29, the U.S. House of Representatives voted 322-87 to override Trump's veto.[12]

    The National Defense Authorization Act (N.D.A.A.) authorizes appropriations and sets policies for the Department of Defense on an annual basis. H.R.6395 applied to FY2021 which began on Oct. 1, 2020, and ended on Sept. 30, 2021. The N.D.A.A. does not set overall spending levels, but rather authorizes appropriations established in separate pieces of legislation.[3]

    In his veto message, Trump identified four provisions included in H.R.6395, with which he disagreed:[13]

    • Section 230 of the Communications Decency Act: the Communications Decency Act was passed in 1996. Section 230 of that law guarantees websites and Internet providers protection from lawsuits over content posted or shared on those platforms by users. Trump supported the repeal of Section 230 of the Communications Decency Act, which H.R.6395 did not contain. Trump wrote, "Section 230 facilitates the spread of foreign disinformation online, which is a serious threat to our national security and election integrity."[13]
    • Renamining certain military installations: H.R.6395 included a process to rename military installations named after Confederate soldiers through a National Commission on Modernizing Military Installation Designations staffed by members of Congress and military service secretaries.[3] Trump wrote, "I have been clear in my opposition to politically motivated attempts like this to wash away history and to dishonor the immense progress our country has fought for in realizing our founding principles."[13]
    • Limits on emergency military construction fund usage: H.R.6395 set a limit on how much the Defense Department could re-allocate within its budget for emergency military construction directed by the president. In his veto message, Trump wrote, "In a time when adversaries have the means to directly attack the homeland, the President must be able to safeguard the American people without having to wait for congressional authorization."[13]
    • Limits on troop withdrawals: H.R.6395 set limits on the withdrawal of troops from Afghanistan, Germany, and South Korea. In Afghanistan and Germany, the resolution dictated that the planned withdrawals of 2,000 and 12,000 troops from each country, respectively, be halted pending review from the Defense and State Departments.[14] In South Korea, the resolution prohibited the usage of funds to decrease troop levels in the country below 28,500.[15] Trump wrote, "Article II of the Constitution makes the President the Commander in Chief ... [T]he decision regarding how many troops to deploy and where, including in Afghanistan, Germany, and South Korea, rests with him. The Congress may not arrogate this authority to itself or indirectly as purported spending restrictions."[13]

    Rep. Adam Smith (D-Wash.) introduced H.R.6395 introduced the resolution on March 26, 2020. On Dec. 8, the House voted 335-78 to pass the resolution with 195 Democrats and 140 Republicans voting yea and 37 Democrats, 40 Republicans, and one Libertarian voting nay. The Senate voted 84-13 to pass the resolution on Dec. 11 with 41 Democrats, 42 Republicans, and one Independent voting yea and five Democrats, seven Republicans, and one Independent voting nay.[3] Both chambers passed H.R.6395 with more than the two-thirds majority required to override a presidential veto.

    H.J.Res.76 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Borrower Defense Institutional Accountability".

    On May 29, 2020, President Donald Trump (R) vetoed H.J.Res.76 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Borrower Defense Institutional Accountability".[4]

    The resolution was introduced to block a 2019 U.S. Department of Education (D.O.E.) rule related to government forgiveness of certain student loan debt. The rule changed the process students must follow to discharge their loans and empowered the D.O.E. to collect money from schools to cover financial losses following successful student challenges. Education Secretary Betsy DeVos argued in a December 2019 press release that the new rule “ensures that taxpayers who did not go to college or who faithfully paid off their student loans do not shoulder student loan costs for those who didn’t suffer harm.”[16]

    Rep. Susie Lee (D-Nevada) introduced the resolution on September 26, 2019. On January 16, 2020, 225 Democrats and six Republicans voted to pass the resolution in the U.S. House while 179 Republicans and Justin Amash (L-Mich.) voted nay. A version of the resolution passed the U.S. Senate on March 11 with 42 Democrats, 10 Republicans, and Angus King (I-Maine) voting to pass the resolution while 42 Republicans voted nay.

    In his veto message, Trump said, “Whereas the last administration promoted a regulatory environment that produced precipitous school closures and stranded students, this new rule puts the needs of students first, extends the window during which they can qualify for loan discharge, and encourages schools to provide students with opportunities to complete their educations and continue their pursuit of economic success.”[17]

    S.J.Res.68 - A joint resolution to direct the removal of United States Armed Forces from hostilities against the Islamic Republic of Iran that have not been authorized by Congress.

    On May 6, 2020, President Donald Trump (R) vetoed S.J.Res.68 - A joint resolution to direct the removal of United States Armed Forces from hostilities against the Islamic Republic of Iran that have not been authorized by Congress.[5]

    The resolution was introduced in response to a January 3 airstrike ordered by the president that killed General Qassem Soleimani, the commander of the Qods Force, a unit of Iran's Islamic Revolutionary Guard Corps.[18][19]

    The resolution was introduced by Sen. Tim Kaine (D-Va.) on January 9, 2020. It passed the U.S. Senate by a 55-45 vote on February 13, 2020, and the U.S. House by a 227-186 vote on March 11, 2020. The resolution prohibited the president from engaging in the use of force against Iran without prior congressional approval either in the form of a declaration of war or a specific authorization.[5] The resolution allowed the president to use military force against Iran without congressional approval only if it was in order to defend the U.S. against an imminent attack.[5]

    In his veto message, President Trump argued that the resolution "incorrectly implies that the military airstrike against Qassem Soleimani in Iraq was conducted without statutory authority," saying it was authorized under the 2002 Authorization for Use of Military Force Against Iraq.[18] The President also said the resolution threatened to hinder the ability of the U.S. to defend itself and its allies against hostilities from Iran or other forces backed by the country.[18]

    S.J.Res.38 - A joint resolution providing for congressional disapproval of the proposed export to the Kingdom of Saudi Arabia and the United Kingdom of Great Britain and Northern Ireland of certain defense articles and services.

    On July 24, 2019, President Donald Trump (R) vetoed S.J.Res.38 - A joint resolution providing for congressional disapproval of the proposed export to the Kingdom of Saudi Arabia and the United Kingdom of Great Britain and Northern Ireland of certain defense articles and services.

    The resolution was introduced by Sen. Bob Menendez (D-N.J.) on June 5, 2019. It passed the U.S. Senate by a 53-45 vote on June 20, 2019, and the U.S. House by a 237-190 vote on July 17, 2019. The resolution prohibited an export license providing technical data allowing for the manufacture of the Aurora fuzing system used in the Paveway IV laser-guided bomb to Saudi Arabia and the United Kingdom which had been proposed on June 3, 2019.[7]

    In his veto message, President Trump said that the resolution could "produce unintended consequences for defense procurement and interoperability with and between our partners." The President also said that it threatened to prolong the war in Yemen and endanger the lives of U.S. citizens residing in Saudi Arabia.[20]

    S.J.Res.37 - A joint resolution providing for congressional disapproval of the proposed export to the United Arab Emirates, the United Kingdom of Great Britain and Northern Ireland, and the Republic of France of certain defense articles and services.

    On July 24, 2019, President Donald Trump (R) vetoed S.J.Res.37 - A joint resolution providing for congressional disapproval of the proposed export to the United Arab Emirates, the United Kingdom of Great Britain and Northern Ireland, and the Republic of France of certain defense articles and services.

    The resolution was introduced by Sen. Bob Menendez (D-N.J.) on June 5, 2019. It passed the U.S. Senate by a 51-45 vote on June 20, 2019, and the U.S. House by a 238-190 vote on July 17, 2019. The resolution prohibited an export license related to the Paveway II laser-guided bomb to France, the United Arab Emirates, and the United Kingdom which had been proposed on June 3, 2019.[8]

    In his veto message, President Trump said that the resolution threatened "weaken America’s global competitiveness and damage the important relationships we share with our allies and partners." The President also said that it threatened to prolong the war in Yemen by weakening the capabilities of the United Arab Emirates, placing U.S. citizens residing in Saudi Arabia at risk.[21]

    S.J.Res.54 - A joint resolution relating to a national emergency declared by the President on February 15, 2019.

    On October 15, 2019, President Donald Trump (R) vetoed A joint resolution relating to a national emergency declared by the President on February 15, 2019. The resolution was similar to H.J.Res.46, which Trump vetoed on March 15, 2019.

    The resolution was introduced by Sen. Tom Udall (D-N.M.) on September 10, 2019. It passed the U.S. Senate by a 54-41 vote on September 25, 2019, and the U.S. House by a 236-174 on September 27, 2019. The resolution terminated the national emergency declaration made by Trump on February 15, 2019, which directed $8.1 billion towards building a wall along the U.S.-Mexico border.

    In his veto message, Trump said that the emergency declaration, "empowered my Administration’s Government-wide strategy to counter large-scale unlawful migration and to respond to corresponding humanitarian challenges ... [and] facilitated the military’s ongoing construction of virtually insurmountable physical barriers along hundreds of miles of our southern border."[22] He said, "The southern border ... continues to be a major entry point for criminals, gang members, and illicit narcotics to come into our country," adding, "S.J. Res. 54 would undermine the Government’s ability to address this continuing national emergency."[22]

    S.J.Res.36 - A joint resolution providing for congressional disapproval of the proposed transfer to the Kingdom of Saudi Arabia, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Spain, and the Italian Republic of certain defense articles and services.

    On July 24, 2019, President Donald Trump (R) vetoed S.J.Res.36 - A joint resolution providing for congressional disapproval of the proposed transfer to the Kingdom of Saudi Arabia, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Spain, and the Italian Republic of certain defense articles and services.

    The resolution was introduced by Sen. Bob Menendez (D-N.J.) on June 5, 2019. It passed the U.S. Senate by a 53-45 vote on June 20, 2019, and the U.S. House by a 238-190 vote on July 17, 2019. The resolution prohibited export and manufacturing licenses related to the Paveway II and Paveway IV laser-guided bombs to Italy, Saudi Arabia, Spain, and the United Kingdom which had been proposed on June 3, 2019. In particular, the resolution identified a manufacturing agreement under which Paveway components would be produced in Saudi Arabia.[9]

    In his veto message, President Trump said that the resolution threatened to limit U.S. security capabilities, endanger U.S. citizens living in Saudi Arabia, prolong the war in Yemen, and "damage the credibility of the United States as a reliable partner by signaling that we are willing to abandon our partners and allies at the very moment when threats to them are increasing."[23]

    S.J.Res.7 - A joint resolution to direct the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress

    On April 16, 2019, President Donald Trump (R) vetoed S.J.Res.7 - A joint resolution to direct the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress.

    The resolution was proposed on January 30, 2019, and called for the United States to end any involvement in the Yemeni Civil War. The Senate passed the resolution in a 54-46 vote on March 13, 2019. The House passed the measure 247-175 on April 4, 2019, with nine members not voting and one member voting present.[24]

    In his veto statement, President Trump said, "This resolution is an unnecessary, dangerous attempt to weaken my constitutional authorities, endangering the lives of American citizens and brave service members, both today and in the future."[24]

    H.J.Res. 46 - Relating to a national emergency declared by the President on February 15, 2019

    On March 15, 2019, President Donald Trump vetoed H.J.Res.46 - Relating to a national emergency declared by the President on February 15, 2019.

    The House passed the resolution on February 26, 2019. The resolution was proposed on February 22, following Trump's declaration of a state of emergency in order to secure funding to build a wall on the U.S.-Mexico border on February 15.[25] The Senate voted 59-41, with 12 Republicans joining the chamber's Democrats, on March 14 to pass the resolution.[26] Trump issued his veto of the resolution the following day, on March 15.[27]

    Following the veto, Trump tweeted, "I'd like to thank all of the Great Republican Senators who bravely voted for Strong Border Security and the WALL. This will help stop Crime, Human Trafficking, and Drugs entering our Country. Watch, when you get back to your State, they will LOVE you more than ever before!"[27]

    What is a presidential veto?

    Article I, Section 7 of the Constitution of the United States gives the president of the United States the ability to veto a bill passed by Congress. The president can issue a regular veto or a pocket veto.

    • Regular veto: "The regular veto is a qualified negative veto. The President returns the unsigned legislation to the originating house of Congress within a 10 day period usually with a memorandum of disapproval or a 'veto message.' Congress can override the President’s decision if it musters the necessary two–thirds vote of each house."[28]
    • Pocket veto: "The pocket veto is an absolute veto that cannot be overridden. The veto becomes effective when the President fails to sign a bill after Congress has adjourned and is unable to override the veto. The authority of the pocket veto is derived from the Constitution’s Article I, section 7, 'the Congress by their adjournment prevent its return, in which case, it shall not be law.'"[28]

    Article I, Section 7

    According to Article I, Section 7 of the Constitution of the United States,

    “ All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

    Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

    Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.[29][30]

    		”

    Past presidential vetoes

    See also

    External links

    Footnotes

    1. ↑ Senate.gov, "Vetoes by President Donald J. Trump," accessed December 22, 2021
    2. ↑ 2.0 2.1 2.2 Congress.gov, "S.906," accessed December 22, 2021
    3. ↑ 3.0 3.1 3.2 3.3 3.4 Congress.gov, "H.R.6395," accessed Dec. 23, 2020
    4. ↑ 4.0 4.1 Congress.gov, "H.J.Res.76," accessed June 17, 2020
    5. ↑ 5.0 5.1 5.2 5.3 Congress.gov, "S.J.Res.68," accessed May 8, 2020
    6. ↑ Congress.gov, "S.J.Res.54," accessed August 3, 2020
    7. ↑ 7.0 7.1 Congress.gov, "S.J.Res.38," accessed July 25, 2019
    8. ↑ 8.0 8.1 Congress.gov, "S.J.Res.37," accessed July 25, 2019
    9. ↑ 9.0 9.1 Congress.gov, "S.J.Res.36," accessed July 25, 2019
    10. ↑ Congress.gov, "S.Res.7," accessed April 16, 2019
    11. ↑ Congress.gov, "H.J.Res.46," accessed March 15, 2019
    12. ↑ The Hill, "House overrides Trump veto of defense bill," December 28, 2020
    13. ↑ 13.0 13.1 13.2 13.3 13.4 WhiteHouse.gov, "Presidential Veto Message to the House of Representatives for H.R. 6395," Dec. 23, 2020
    14. ↑ Military.com, "Congress Moves to Block US Troop Withdrawal from Afghanistan and Germany," Dec. 5, 2020
    15. ↑ Yonhapy News Agency, "Trump vetoes defense bill for troop withdrawal restrictions," Dec. 24, 2020
    16. ↑ NPR, "Betsy DeVos Overruled Education Dept. Findings On Defrauded Student Borrowers," December 11, 2019
    17. ↑ White House, "Presidential Veto Message to the House of Representatives for H.J. Res. 76," May 29, 2020
    18. ↑ 18.0 18.1 18.2 WhiteHouse.gov, "Presidential Veto Message to the Senate for S.J. Res. 68," May 6, 2020
    19. ↑ Fox News, "Tim Kaine's War Powers Resolution has the votes to pass in Senate, Dems say," January 14, 2020
    20. ↑ White House, "S.J. Res. 38 Veto Message," July 24, 2019
    21. ↑ White House, "S.J. Res. 37 Veto Message," July 24, 2019
    22. ↑ 22.0 22.1 Congressional Record, "RELATING TO A NATIONAL EMERGENCY DECLARED BY THE PRESIDENT ON FEBRUARY 15, 2019—VETO," October 16, 2019
    23. ↑ White House, "S.J. Res. 36 Veto Message," July 24, 2019
    24. ↑ 24.0 24.1 The Washington Post, "Trump vetoes resolution to end U.S. participation in Yemen’s civil war," April 16, 2019
    25. ↑ CNN, "Trump declares national emergency to fund the wall," February 15, 2019
    26. ↑ CNN, "Senate passes resolution to overturn Trump's national emergency declaration," March 14, 2019
    27. ↑ 27.0 27.1 CNN, "Trump signs first veto of his presidency," March 15, 2019
    28. ↑ 28.0 28.1 History.House.gov, "Presidential Vetoes," accessed March 4, 2015
    29. ↑ National Archives, "Constitution of the United States," accessed January 11, 2016
    30. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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