US midterm elections 2026: How Trump can use his veto powers to block the Democrats’ legislative agenda

The Democratic Party’s sweeping victory in the 2026 US midterm elections has dealt a major political blow to President Donald Trump, dramatically altering the balance of power in Washington. By securing control of both the House of Representatives and the Senate, Democrats have gained the opportunity to challenge the Republican president’s policies, scrutinise his administration and push for legislative changes during the final two years of his term. 

However, their electoral success does not mean President Trump will be powerless against the new Congress. The US Constitution gives the president a powerful tool to prevent legislation passed by lawmakers from becoming law – the presidential veto. Trump has already indicated that he is prepared to use this authority to counter the Democratic agenda, raising the possibility of an extended political confrontation between the White House and Capitol Hill. The central question now is how far Democrats can go in implementing their promises when the president retains the constitutional power to reject their legislation.

How Trump’s veto power works

The presidential veto is an important constitutional mechanism intended to maintain a system of checks and balances between the executive and legislative branches of the US government. Under Article I, Section 7 of the US Constitution, any bill passed by both chambers of Congress must be presented to the president before it can become law. The president has 10 days, excluding Sundays, to decide what to do with the legislation. He can sign the bill into law, return it unsigned to Congress with a formal explanation of his objections or allow the prescribed period to expire.

If the president rejects a bill, it is sent back to the chamber in which it originated, along with his objections. This is known as a regular or presidential veto. However, such a rejection does not necessarily mark the end of the legislative process. Congress has the constitutional authority to override a presidential veto, but doing so requires a two-thirds majority in both the House of Representatives and the Senate. This is considerably higher than the simple majority generally required to pass legislation.

With Democrats having secured control of both chambers in the 2026 midterms, they will have greater authority to determine the legislative agenda and advance bills. However, their majorities are not large enough to independently override a presidential veto.

How many votes would Democrats need to override Trump’s veto?

Overriding a presidential veto requires two-thirds of the members voting in each chamber, provided the required quorum is present. In a full-strength Congress, this translates into at least 290 votes in the 435-member House of Representatives and 67 votes in the 100-member Senate. Democrats’ victories have given them a majority in both chambers, but they would still need considerable support from Republican lawmakers to reach these numbers.

In other words, even if Democrats manage to pass legislation with majority support in Congress, Trump could reject it if it conflicts with his political priorities. For the legislation to become law despite his opposition, Democrats would have to persuade a substantial number of Republicans to break ranks and vote against the president’s position. Historically, Congress has rarely succeeded in overturning presidential vetoes.

According to official US congressional records, only 112 of the 2,599 presidential vetoes issued since 1789 have been overridden. This makes the veto an effective instrument for presidents seeking to prevent legislation from becoming law.

What is a ‘pocket veto’ and how can Trump use it?

Apart from the regular veto, Trump has another constitutional option known as the ‘pocket veto’. It allows a President to effectively kill a bill without formally returning it to Congress. Under this provision, if the president does not sign a bill within the 10-day period and Congress adjourns in a manner that prevents its return, the legislation does not become law.

Unlike a regular veto, a ‘pocket veto’ cannot be overridden by Congress. Lawmakers cannot simply hold another vote to overturn it. They would have to introduce the proposal again, secure its passage in both chambers and send it to the president for consideration.

This provision could become particularly relevant when Congress is approaching the end of a session or preparing for an extended adjournment. It gives the White House another way to prevent legislation from taking effect, even when the president does not issue a formal veto message.

However, the ‘pocket veto’ is subject to constitutional limitations. The question of whether Congress has adjourned in a manner that prevents the return of a bill has been the subject of disputes between the executive and legislative branches.

Trump can use veto threats to influence legislation before it reaches him

The President does not necessarily have to wait for legislation to reach the White House before exercising political influence over it. The possibility of a veto itself can become a negotiating tool. When the White House signals that the president will reject a particular bill, lawmakers may be forced to reconsider its provisions, modify controversial clauses or negotiate with the administration to avoid a confrontation.

One way the administration communicates its position is through Statements of Administration Policy (SAPs). These statements outline the White House’s position on proposed legislation and can include an explicit warning that the president intends to veto a particular measure.

Such warnings can influence negotiations within Congress, particularly when lawmakers are trying to secure support from members of both parties. For Democrats, this means that even bills they have sufficient votes to pass could face political and legislative hurdles if Trump makes clear that he will not approve them.

What Trump’s veto record tells us

Trump has already demonstrated his willingness to use presidential veto powers during his two terms in office. His record also offers an indication of how he could approach a Democratic-controlled Congress. During his first term, Trump issued 10 vetoes, all of them after Democrats took control of the House of Representatives following the 2018 midterm elections. Eight of those vetoes involved resolutions rather than ordinary bills.

Among the measures he rejected were congressional resolutions seeking to end the national emergency he had declared on February 15, 2019, over the situation at the US-Mexico border. He also vetoed legislation relating to US involvement in the war in Yemen, arms sales to Saudi Arabia, the United Arab Emirates and three European countries, as well as a resolution concerning an Education Department rule.

One of the prominent confrontations involved a resolution seeking to limit US military involvement in the conflict in Yemen. Trump vetoed the Iran war powers resolution on May 6, 2020, after Congress passed it. The Senate attempted to override his decision the following day, but the motion received only 49 votes in favour and 44 against, falling short of the required two-thirds majority.

However, Trump did face one significant defeat when Congress successfully overturned his veto of the National Defence Authorisation Act (NDAA) for the 2021 fiscal year. The annual defence policy legislation was vetoed by Trump on December 23, 2020. The House of Representatives voted 322-87 to override his decision on December 28, followed by an 81-13 vote in the Senate on January 1, 2021. The legislation subsequently became law despite the president’s objections.

Trump has already vetoed two bills during his second term

Trump’s use of veto powers has continued during his second presidency, although his party controlled both chambers of Congress when he issued his latest vetoes. According to the US Senate’s official records, Trump vetoed two bills on December 29, 2025.

The first was the Finish the Arkansas Valley Conduit Act (H.R. 131), which concerned a water infrastructure project in Colorado. The second was the Miccosukee Reserved Area Amendments Act (H.R. 504), relating to the expansion of the Miccosukee Reserved Area in Florida.

The House of Representatives subsequently voted to sustain both vetoes on January 8, 2026. The first veto was upheld by a vote of 248-177, while the second was sustained by 236-188. With these two decisions, Trump has issued 12 vetoes across his two presidential terms. Congress has successfully overridden only one of them, the 2021 defence legislation.

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