In late January 2010, the Governor recommended the Tribal Constitution Reform Project (TCRP) proposed constitution be revised to include Executive veto power. Upon direction from the Legislative Standing Committee (LSC) and Government & Management Standing Committee (G&M), the TCRP Task Force went back to the reference library to review the veto power concept, its history, types of veto power and how the veto power would work in the Community’s governmental structure. Concerned with whether the Community membership supports the inclusion of an Executive veto power, the TCRP Task Force also reviewed the Community member comments.
Veto basically means the power to prevent something from happening or occurring. In Latin, the word, Veto, means, “I forbid.” When applied to the Executive branch it means the leader of the Executive branch (Governor) has the power to prevent legislation from becoming law.
There are different types of veto authority.
Absolute veto authority is the ability of the Executive to permanently forbid legislation from becoming law without anyone or any other branch having any further input in the matter. If an absolute veto is exercised, there is no method for anyone to reconsider the proposed law. The monarch of England has absolute veto authority. In the early statehood, South Carolina’s Governor had absolute veto authority. However, it was revised a mere two years later.
Limited Veto Authority. This is the type of veto authority the President of the United States and the Governor of Arizona may exercise in accordance with a process outlined in their respective constitutions. Although the word, “veto”, does not appear in the United States Constitution itself, the process described is a limited veto authority. The authority is limited because it can be overridden by further action of another branch of government. When Congress passes legislation, it is presented to the President of the United States for signature. If the President signs the legislation, it becomes law.
If the President vetoes the legislation, he is required to return the legislation to Congress with a written explanation of why he disapproves of the legislation. Congress can then override the President’s veto with a 2/3 vote of both the House of Representatives and the Senate. If Congress overrides the President’s veto, the legislation becomes law over the President’s objections.
Pocket veto. A pocket veto is a form of an absolute veto. Essentially, the President receives legislation and has ten days to sign or veto the legislation. If he doesn’t sign it, it becomes law but if Congress adjourns before the President has taken action, the legislation is vetoed and Congress has no manner to override the veto. It’s called a pocket veto because essentially, the President puts the legislation in his pocket and forgets about it.
Line-item veto authority. A line-item veto allows a leader to veto certain provisions of legislation he finds objectionable. The United States Congress attempted to authorize the President to exercise line-item veto authority however, in 1998, the United States Supreme Court declared the President’s line-item veto authority unconstitutional in Clinton v. City of New York. However, Arizona’s Governor has line-item veto authority clearly described in the Arizona Constitution, Article 5, Section 7. As a result, Arizona’s Governor can veto certain parts of legislation found to be objectionable, so long as the authority is exercised within the limitations described in the Arizona Constitution.
The exercise of any veto power has the potential to influence outcomes. Originally, veto power was to protect the Executive from a powerful Legislative branch; to give the power to stop laws that could not be implemented because they were unconstitutional, encroached on Executive power or was poorly drafted. However, veto power has been exercised to reject laws the president dislikes or disapproves for policy reasons. This type of exercise also leaves the possibility that, unchecked, a leader could veto proposed legislation for political reasons.
Should Gila River’s Executive Branch be granted veto power under a revised constitution? The TCRP Task Force reviewed community member comments on the existing constitution and the suggestion was made, however giving the Executive branch veto authority was rarely suggested. Executive veto power can be an important legislative tool, however, as with any tool, if unchecked; it has the potential for abuse. In order to effectively implement the veto power, the decision should be made as to what type of veto power the Governor should exercise, whether there should be any limitations on that authority, whether there should be a mechanism to override that veto power; what that mechanism might be. In other words, how should the veto power operate at Gila River?
The TCRP Task Force will be visiting their respective communities to discuss this issue in greater detail. Please take the time to provide your district representative with your comments.
For further information on the project, please contact Project staff Gerald Calnimptewa, (520) 562-9757, Gerald. This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Joanne Miles-Long, (520) 562-9759, Joanne.Miles- This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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