Eleanor Finch
The pocket veto is a power granted to the President of the United States, allowing them to indirectly reject a bill by taking no action on it within a specified time frame. This power is mentioned in Article I, Section 7 of the U.S. Constitution, which states that if a bill is not returned by the President within ten days (Sundays excepted), it will become law as if they had signed it, unless Congress adjourns and prevents its return, in which case it will not become law. This mechanism has been a source of controversy, with critics arguing that it should only be used when Congress adjourns sine die, and courts providing varying interpretations of when an adjournment by Congress would prevent the President from returning a vetoed bill.
| Characteristics | Values |
|---|---|
| Country | United States |
| Applicable to | President of the United States |
| Time period | 10 days (excluding Sundays) |
| Action | President's failure to sign a bill |
| Congress | Unable to override a veto |
| Legislation | Bill fails to become law |
| Constitution | Article I, Section 7 |
| Clause | If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its return, in which case it shall not be a Law |
| First user | James Madison in 1812 |
| Recent user | Barack Obama |
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What You'll Learn
The US Constitution and pocket vetoes
The US Constitution does grant the president the power of the pocket veto, but it is unclear exactly when the president is able to use this tool. The Constitution limits the president's period for deciding whether to sign or return any legislation to ten days (not including Sundays) while the US Congress is in session.
A pocket veto occurs when a bill fails to become law because the president does not sign it within the ten-day period and cannot return the bill to Congress because it is no longer in session. This is a power that has been used by almost every president since James Madison first used it in 1812. Roosevelt, for example, had 263 pocket vetoes during his presidency from 1933 to 1945.
The primary difference between a signed veto and a pocket veto is that a pocket veto cannot be overridden by Congress. This is because the House and Senate are, by the nature of this constitutional mechanism, not in session and therefore unable to act on the rejection of their legislation.
There is ambiguity as to which kinds of adjournments the clause covers. Some critics argue that the pocket veto should only be used when Congress adjourns sine die, at the end of a session. However, others interpret it to allow intersession and intrasession pocket vetoes. In 1929, the United States Supreme Court ruled in the Pocket Veto Case that a bill had to be returned to the chamber while it is in session and capable of work.
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Pocket vetoes and presidential power
The pocket veto is a power granted to the President of the United States by the Constitution. It allows the president to prevent a bill from becoming law by neither signing nor vetoing it within a ten-day period, during which Congress adjourns. This power is mentioned in Article I, Section 7 of the U.S. Constitution, which states:
> "If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its return, in which case it shall not be a Law."
The pocket veto is distinct from a regular veto, in which the president formally returns a bill to Congress with their objections. A regular veto can be overridden by a two-thirds majority vote in both chambers of Congress, whereas a pocket veto cannot be overridden because Congress is not in session. This distinction has been criticised by some political scientists, who argue that the Constitution does not provide for a combination of the two types of vetoes.
The pocket veto is a rare tool for presidents to use, as it can only be applied to bills passed within ten days of the end of a legislative session. It has been used by almost every U.S. president since James Madison first used it in 1812, with Franklin D. Roosevelt issuing the most pocket vetoes at 263. However, since the George W. Bush presidency, no president has used this power.
The pocket veto has also been a source of controversy due to the ambiguity surrounding the meaning of "adjournment" in the Constitution. Some interpret it to refer only to the adjournment between Congresses ("adjournment sine die"), while others argue it includes routine adjournments during a session. This ambiguity has led to different interpretations of when the pocket veto can be used.
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Pocket vetoes and the Supreme Court
In the United States, a pocket veto occurs when a bill fails to become law because the president does not sign it within a ten-day period and cannot return the bill to Congress because it is no longer in session. The US Constitution limits the president's period for deciding whether to sign or return any legislation to ten days (not including Sundays) while Congress is in session.
The Supreme Court has explained that the Constitution's veto provisions serve two functions. Firstly, they ensure that the President has a suitable opportunity to consider the bills presented to him. Secondly, they safeguard the opportunity for the President to return bills that he disapproves of, with his objections, for reconsideration by Congress.
The issue of pocket vetoes was addressed in the 1929 Pocket Veto Case, where the Supreme Court ruled that a bill had to be returned to the chamber while it is in session and capable of work. The Court observed that the Constitution does not define what constitutes a return of a bill, nor does it deny the use of appropriate agencies in effecting the return.
In 1938, the Supreme Court reversed itself in part in Wright v. United States, ruling that Congress could designate agents to receive veto messages when it was not in session. The Court held that a three-day recess of the Senate was a short enough time for the Senate to still act with "reasonable promptitude" on the veto, while a five-month adjournment would be long enough to enable a pocket veto.
The Supreme Court has also clarified that a pocket veto cannot be overridden, and it is sometimes used to describe situations where a small group can override the will of a much larger group without consequence. For example, in 1969, the Indiana Supreme Court ruled pocket vetoes unconstitutional.
While the US Constitution explicitly mentions the ten-day period for a president's decision on a bill, it does not specifically use the term "pocket veto." However, the Supreme Court's interpretations and rulings on pocket veto cases have provided further clarification and guidance on this aspect of the Constitution.
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The history of pocket vetoes
The pocket veto is a power granted to the President of the United States, allowing them to indirectly reject a bill by taking no action on it. This can only occur when there are less than ten days left in the legislative session. The U.S. Constitution provides for the pocket veto in Article I, Section 7, which states:
> "If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its return, in which case it shall not be a Law."
The pocket veto is distinct from a regular veto, in which the President formally returns a bill to Congress with their objections. A regular veto can be overridden by a two-thirds majority vote of both chambers of Congress, whereas a pocket veto cannot be overridden because Congress is not in session.
The pocket veto was first used by President James Madison in 1812. Since then, it has been used by almost every U.S. President, including Barack Obama, Bill Clinton, and George W. Bush. Roosevelt had the highest number of pocket vetoes during his presidency, with 263 out of 635 total vetoes.
While the pocket veto is a useful tool for the President to prevent a bill from becoming a law, it is rarely used due to the specific conditions under which it can be applied. The ambiguity surrounding the meaning of "adjournment" in the Constitution has also led to controversy over the appropriate use of the pocket veto. Some critics argue that it should only be used when Congress adjourns sine die, at the end of a session, rather than during routine adjournments or breaks.
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Pocket vetoes and legislative process
The legislative process in the United States involves the creation and discussion of bills, which are then presented to the President for approval. Typically, if the President does not sign a bill within 10 days, it automatically becomes law. However, this is not the case if Congress adjourns within this 10-day period. If Congress is no longer in session, the President can prevent the bill from becoming law by not signing it, which is called a pocket veto.
Article 1, Section 7 of the U.S. Constitution outlines the pocket veto:
> If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its return, in which case it shall not be a Law.
The Constitution grants the President 10 days to review a bill passed by Congress. If the President does not sign the bill within 10 days, it becomes law without their signature. However, if Congress adjourns during this period, the bill does not become law, and the President's inaction represents a pocket veto. This type of veto is rarely used as it only applies to bills passed within 10 days of the end of the legislative session.
The pocket veto is a controversial power, as it is not explicitly mentioned in the Constitution, and its interpretation has been disputed. The ambiguity lies in the meaning of the word "adjournment", with critics arguing that the pocket veto should only be used when Congress adjourns sine die, marking the end of a session. Courts have never fully clarified when an adjournment by Congress would "prevent" the President from returning a vetoed bill. The Supreme Court has ruled that the Constitution's veto provisions serve two functions: to ensure the President has a suitable opportunity to consider bills, and to safeguard the President's opportunity to veto a bill if Congress adjourns before the 10 days elapse.
The pocket veto has been used by almost every U.S. President since James Madison first used it in 1812. Modern Presidents who have used it include Barack Obama, Bill Clinton, and George W. Bush.
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Frequently asked questions
A pocket veto occurs when a president fails to sign a bill into law within 10 days of its passage by Congress, and Congress adjourns within the 10-day period, making the bill inadmissible.
Yes, the U.S. Constitution provides for the pocket veto in Article I, Section 7.
No, a pocket veto cannot be overridden by Congress because the House and Senate are not in session and therefore unable to act on the rejection of their legislation.
A pocket veto can only be used when there are less than 10 days left in the legislative session.
A regular veto can be overridden by a two-thirds majority vote of both chambers of Congress, whereas a pocket veto cannot be overridden.
