The President pro tempore, in 1924, held that a special order over which the unfinished business had priority should be laid before the Senate upon the disposition of the unfinished business.""

A motion to reconsider is not privileged as to its consideration, and is superseded at the expiration of the Morning Hour by the unfinished business.48

49

A message from the House may, under the rule, be laid before the Senate when unfinished business is pending; or a bill received from the House of Representatives may be laid before the Senate at any time, and takes precedence over unfinished business."

50

While unfinished business is pending, a resolution can only be submitted by unanimous consent.51

A Senator having the floor during the consideration of unfinished business may move to reconsider the vote on a conference report.52

A bill does not lose its right as unfinished business in consequence of an order of the Senate providing for memorial exercises in tribute to deceased Members.

53

While unfinished business is pending, a motion to proceed to the consideration of a general appropriation bill is not a privileged or preferential motion."

Privileged Business Does Not Displace Unfinished Business-It Only Suspends Its Consideration:

See "Displacement of Pending or Unfinished Business," pp. 340345; "Privileged Business," pp. 626-629; "Status of Bill Unaffected by Memorial Service," p. 534; "Suspends Other Business But Does Not Displace," pp. 304-305.

Quorum, Unfinished Business Not Affected by Adjournnment in Absence of:

See "Unfinished Business Not Affected by Adjournment in Absence of a Quorum," p. 658.

47

May 26 and June 2, 1924, 68-1, Record, pp. 9858, 10142, 10503.

Feb. 22, 1895, 53–3, Record, p. 2538.

49

July 15, 1912, 62-2, Record, pp. 9063, 9064.

GO May 19, 1884, 48-1, Record, p. 4273.

1 Mar. 31, 1939, 76-1, Record, p. 3619.

62

Feb. 27, 1915, 63-3, Journal, p. 156, Record, pp. 4812-14.

Regular Order, Call for, Brings Unfinished Business Back Before Senate:

See "Displacement of Pending or Unfinished Business," pp. 340–

345.

Resolutions Cannot Be Used To Make Unfinished Business:

See "Unfinished Business, Effect of a Resolution on," p. 770. Senator Interrupted To Lay Unfinished Business Before Senate: See "Interruption of Senator Who Has the Floor Is Not Allowed-Except by His Consent," pp. 412-416.

Special Orders:

See "Special Orders," pp. 792–797.

Unanimous Consent Agreement for Vote on Passage of Bill Displaced in Meantime:

See "Consideration of Proposed Legislation Under a Unanimous Consent Agreement and Precedence of Such Business," pp. 841846.

Vote To Displace:

A majority vote only is required to displace unfinished business."

55

When No Unfinished Business:

For procedure on business brought up in Morning Hour when there is no unfinished business to be laid down at 2 o'clock, see "Motions to Consider Specific Bills," pp. 191-192; "Procedure in the Morning Hour," pp. 547–549.

See July 11, 1932, 72–1, Record, pp. 15028–31.

VETOES

"Every bill which shall have passed" both Houses "shall before it becomes law, be presented to the President of the United States" for his approval. He has 10 days, Sundays excluded, in which to sign a bill submitted to him, and that time begins to run at midnight of the day on which it was submitted to the White House and ends at midnight of the 10th day.

If he signs it or does not sign it within that 10-day period during which Congress is in session it becomes law. If he vetoes it, the veto message with the bill will be returned to the House in which the bill originated, for first reconsideration. If the House to which he returns it never acts thereon or does not override the veto, the other House never receives that message.

If the House to which he returns the veto message overrides it by passing the bill over the objections of the President to the contrary notwithstanding, the veto message, together with the bill, will be sent to the other House, informing it of that action. Here the veto message may be overridden or sustained. If overridden, by passing the bill on reconsideration the objections of the President to the contrary notwithstanding, the bill becomes law.

Set forth below are some of the practices and precedents utilized in the consideration and disposition of a veto message.

Constitution, Article I, Section 7

[Veto Power and Congressional Procedure To Override]

Every Bill which shall have passed the House of Representatives and the Senate, shall before it becomes a Law, be presented to the President of the United States; if he approves 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.

Conference Report and Veto Message, Consideration of:

See "Conferences and Conference Reports," pp. 283-320. Consideration and Precedence of Veto Messages:

See also "Privileged Business," pp. 626-629.

Under the precedents of the two Houses of Congress, the constitutional provision which requires reconsideration of a bill returned by the President of the United States without his approval is met by action taken in having the message read and an agreement entered into for its reconsideration,' by referring it to a committee, or by tabling it.3

It is not in order to reconsider a vetoed bill until the accompanying message or objections of the President have been entered or spread in full upon the Senate Journal;" this cannot be done until it has been read; and after the reading of the message, the regular order is its spreading upon the Journal.

5

The mere reading of the President's message is not spreading it upon the Journal in accordance with the Constitution.'

The question on passage of a bill over the President's veto does not arise on motion, but is automatically stated by the Presiding Officer.

9

Where a veto message is laid before the Senate it is necessary, in order to comply with the constitutional mandate, that the Presiding Officer state the question on its passage notwithstanding the objections of the President; and the form of the question to be submitted to the Senate as to its passage is, "Shall the bill pass, the objections of the President of the United States to the contrary notwithstanding?" 10

The Vice President in 1920 ruled that when a veto message was laid before the Senate, it was the duty of the

4

June 7, 1924, 68-1, Journal, pp. 462-470, Record, pp. 11127-30, 11161; see also

Feb. 26, 1931, 71-3, Record, pp. 6089, 6090; Feb. 25, 1927, 69-2, Journal, p. 221,

Record, p. 4779; see June 30, 1970, 91-2, Record, pp. 22277–78.

June 7, 1924, 68–1, Journal, p. 462, Record, pp. 11127–30, 11161.

8 See June 25, 1943, 78-1, Record, p. 6488.

9

May 3, 1924, 68-1, Record, p. 7756.

body under the Constitution to determine whether it would or would not pass the bill notwithstanding the objections of the President."1

It does not require unanimous consent to receive a veto message from the House.12

A veto message from the President of the United States may be laid before the Senate as a privileged matter while another question is pending; and the Senate may dispose of the message at its pleasure.13

A motion to proceed to the reconsideration of a vetoed bill is a question of highest p ivilege," and will not displace unfinished business, if agreed to; 15 but a Senator cannot be taken from the floor for its consideration, nor is a moti in order when a Senator having the floor declines to yield for that purpose."

16

After a message of the President returning a bill without approval has been spread upon the Senate Journal, it is in order at any time to move that the Senate proceed to the reconsideration of such bill.18

The Presiding Officer, in 1919, ruled that a House message on a vetoed bill could be laid before the Senate while in executive session, but declined to rule at that time whether or not action thereon could be taken without a return to legislative session; the Senate subsequently returned to legislative session, when the message was laid before the Senate and the reconsideration of the bill proceeded with.19

In 1924, the Chair ruled that the reconsideration of a vetoed bill had precedence over a bill being considered under a unanimous consent agreement even though the agreement provided that the latter bill should not be laid aside until finally disposed of except by unanimous consent.

20

"See Mar. 4, 1927, 69-2, Record, p. 5890; May 20, 1948, 80-2, Record, pp. 6190– 91; June 14, 1948, 80-2, Record, p. 8087; May 22, 1935, 74-1, Record, p. 7978; June 30, 1970, 91–2, Record, pp. 22277–78.

See Mar. 4, 1927, 69-2, Record, p. 5890; June 16, 1948, 80-2, Record, pp. 8413, 8414; July 29, 1912, 62–2, Record, pp. 9803, 9804.

See May 22, 1935, 74-1, Record, pp. 7979-83; July 16, 1937, 75–1, Journal, p. 411.

"July 13, 1937, 75–1, Journal, p. 411, Record, pp. 7110–12.