US President Donald Trump could face a major legislative challenge as Democrats look set to take control of Congress following the November 3 midterm elections. With Republicans potentially losing their grip on both chambers, Trump may find it harder to push his agenda through without opposition. His biggest weapon in the coming months could be the presidential veto.
Trump has already made his position clear. In a telephone interview with CBS on Tuesday, he said he would be "Mr Veto". Earlier, in an interview with the New York Post's Pod Force One podcast, he remarked: “I guess I'll become Mr Veto… And then at some point, we'll probably make deals.”
The change in the House of Representatives is expected to take effect on January 3, potentially ending Trump's ability to pass legislation with Republican support alone.
What powers does the US president have?
The US Constitution gives the president the authority to reject legislation passed by both the House and the Senate. Under Article I, Section 7, a bill approved by Congress is sent to the president, who can either sign it into law or return it with objections.
A president can also leave a bill unsigned. If Congress remains in session, the bill automatically becomes law after 10 days, excluding Sundays. However, if Congress adjourns before that period ends, the legislation dies through a process known as a pocket veto.
The president cannot selectively remove provisions from a bill. The Supreme Court struck down the line-item veto law signed by former president Bill Clinton in 1996, ruling in 1998 that it violated the Constitution.
Can Democrats get around Trump's veto?
Democrats could pass legislation in Congress, but the Senate's filibuster remains a significant obstacle. Ending debate on most bills requires 60 votes in the 100-member chamber, a threshold Democrats are unlikely to reach.
Some measures, including resolutions seeking to withdraw US forces from hostilities or terminate a presidentially declared national emergency, can follow fast-track procedures and pass with a simple majority. However, these resolutions still require the president's approval.
This could become particularly relevant amid the US war with Iran, with Democrats potentially using war powers legislation to challenge Trump's military decisions.
How difficult is it to overturn a veto?
Congress can override a presidential veto, but doing so requires a two-thirds majority in both chambers. That means at least 290 votes in the House and 67 in the Senate, assuming all members vote.
The numbers make an override difficult without substantial Republican support. Of the 2,599 presidential vetoes issued since 1789, Congress has overturned only 112.
Trump's veto record and what history tells us
Trump has issued 12 vetoes and faced one successful override. During his first term, all 10 vetoes came after Democrats took control of the House in 2019. His only defeat came in December 2020, when Congress overrode his veto of the National Defense Authorization Act.
In his second term, he vetoed two bills on December 29, 2025, concerning water projects and tribal lands. The House upheld both decisions.
Former president Franklin D Roosevelt holds the record for the most vetoes, with 635. George W Bush offers another relevant example: after Democrats gained control of both chambers in the 2006 midterms, he issued 11 vetoes in 2007 and 2008.
Trump has indicated that he expects vetoes to eventually lead to negotiations. “And you have strong veto and you end up working out deals,” he told reporters last week.
The next Congress will also have to address government funding and the debt ceiling. Both will require Trump's signature or enough votes in Congress to override a veto, making negotiations between the White House and Democrats crucial.