Indeed, the standard for overriding a presidential veto — a two-thirds vote in House and Senate — could become the only limit Obama observes in the next couple of years. For example, Obama takes executive action X. Republican lawmakers, along with some moderate Democrats, oppose X. They pass a bill repealing X with a 60-vote, filibuster-proof majority in the Senate. Obama vetoes the bill, preserving his executive action. At that point, opponents would have to muster 67 votes to override the veto. That’s a very, very tough hill to climb. As long as Obama can get 34 Democrats to support him in the Senate, his executive action will stand.
Another way of putting it is that Obama will be able to do anything at least 34 Senate Democrats will let him get away with.
The president might put that standard to a very tough test over the issue of terrorist detainees at Guantanamo Bay. For years now, large bipartisan majorities of Congress have voted to forbid Obama from transferring any Gitmo inmates to the United States, or even to prepare a place for them here.
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