Democrats won the Senate on Tuesday night and the House early Wednesday, taking control of Congress for the final two years of President Donald Trump’s term. Trump has promised to answer with his veto pen. On election day, he shared an image of a red cap stenciled with the word “veto.”
Trump told reporters on October 23 that in a gridlocked Congress, “I veto everything,” after which Democrats would come to him for a deal. Days later, asked how he would work with a Democratic House, he said “I have a powerful veto.”
Congress needs two-thirds of each chamber to override a veto, which works out to about 290 House votes and 67 Senate votes if every member votes. Democrats hold nowhere near those margins, and an override would need mass Republican defections.
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Even with Republican help, Democrats could not override Trump in January. The House fell short on a Colorado water pipeline bill despite 35 Republicans joining all 213 Democrats, and fell short again on an Everglades bill with 24 Republicans and 212 Democrats. In his first term, Trump issued 10 vetoes, and Congress overturned just one.
A president can veto only bills that pass both chambers. Most legislation needs 60 Senate votes to advance, so Democrats need Republican support to send Trump many bills at all. The Supreme Court struck down the line-item veto in 1998, so Trump must accept or reject each bill whole.
Several powers Democrats gain never reach the president’s desk. Subpoenas, hearings and investigations of the administration need no signature. Impeachment is a House resolution, and a group of House Democrats has been preparing a case for an impeachment vote as soon as the party retakes the chamber. Conviction would need two-thirds of the Senate.
Senate confirmations also do not need the president’s signature, so a Democratic Senate could block his nominees, including judges.
Funding bills and the debt limit are the clearest places to test a blanket veto. If Congress leaves the debt limit alone in the lame-duck session, and Democrats do not fold under Trump’s veto pressure once they take over, Washington could face another government shutdown or a breach of the debt limit.
Democrats disagree over what to attempt under the veto threat. Sen. Brian Schatz, D-Hawaii, who is slated for a larger leadership role when the new Congress is seated, has said Democrats should avoid bills Trump will certainly veto and focus on a few measures that ease economic pain. Commentator Dan Froomkin argues Democrats should send Trump popular bills and force him to veto them, then hold him responsible for the outcome.
The new Congress convenes January 3, and Republicans keep control of both chambers until then.
