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Spend some time reading about how the presidential veto has fallen into disuse and you can’t help but think it coincides with an era where the filibuster and other forms of Capitol Hill obstruction have been put on steroids.
It’s an indication of how the constitutional vision of the US government – with its separation of powers – has contorted to what we have today, where very little can pass out of one branch of government and the executive is taking more and more power.
The Constitution spells out specific instructions for use of the veto as a means to separate power. The filibuster is a custom that isn’t mentioned in the Constitution, but has complete control over modern Washington and is leaving a vacuum for presidents to fill.
Still, issuing a veto is a rite of passage for every modern president, and Joe Biden is about to experience his first.
There are two issues where lawmakers from both chambers are testing Biden.
The first relates to a Biden administration retirement investment rule, which according to CNN’s report, “allows managers of retirement funds to consider the impact of climate change and other environmental, social and governance factors when picking investments.”
Normally, Democrats would have used filibuster rules to block action against the rule in the Senate. But since lawmakers are looking to repeal an executive rule and not a law, Republicans were able to vote to repeal it on Wednesday with help from two red-state Democrats, Sens. Joe Manchin of West Virginia and Jon Tester of Montana. Biden is expected to veto the measure, which was passed by the House on Tuesday.
It would take two-thirds supermajorities in both chambers (usually 67 of 100 senators and 290 of 435…
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