Jonah Patel
The concept of a pocket veto is an important aspect of the legislative process, allowing the president to exercise their veto power by taking no action on a bill. This legislative manoeuvre is specifically mentioned in Article 1, Section 7 of the U.S. Constitution, which outlines the process by which the president can approve or veto a bill. The relevant clause states that if a bill is not returned by the president within ten days (Sundays excepted) and Congress has adjourned, the bill will not become law. This provision, known as the pocket veto, gives the president the power to effectively kill a bill without affirmatively vetoing it. The pocket veto has been a subject of debate and interpretation by the Supreme Court, with cases such as the Pocket Veto Case (1929) shaping our understanding of this constitutional provision.
| Characteristics | Values |
|---|---|
| Name | Pocket Veto |
| Mentioned in | Article 1, Section 7 of the U.S. Constitution |
| Description | A legislative manoeuvre that allows a president or other official with veto power to exercise that power over a bill by taking no action ("keeping it in their pocket"), thus effectively killing the bill without affirmatively vetoing it |
| Time period | 10 days (not including Sundays) while the U.S. Congress is in session |
| Supreme Court Case | The Pocket Veto Case, 279 U.S. 655 (1929) |
| Ruling | The President has a qualified negative over legislation, commonly called a veto, which gives him the authority to prevent a bill from becoming law by not signing or returning it to the originating House within the time period if Congress has adjourned |
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What You'll Learn
- The US Constitution's veto provisions serve a dual purpose
- The President's opportunity to consider bills presented to him is protected
- The President must sign or return a bill within ten days
- The President can prevent a bill from becoming law by not signing it
- The Supreme Court has not yet ruled on the President's pocket-veto power
The US Constitution's veto provisions serve a dual purpose
The US Constitution grants the President the power to veto federal legislation. This power is outlined in Article 1, Section 7 of the Constitution, which states that every bill passed by the House of Representatives and the Senate must be presented to the President for approval. If the President approves, they sign the bill into law. However, if they do not approve, they can veto it by returning the bill to the originating House, along with their objections. This is known as a "return veto".
The veto power serves a dual purpose. Firstly, it ensures that the President has a suitable opportunity to consider the bills presented and provide their objections. Secondly, it allows Congress to reconsider the bill in light of the President's objections and, if two-thirds of both Houses agree, override the veto and pass the bill into law. This process strikes a balance between the powers of the President and Congress in shaping federal legislation.
A pocket veto is a specific type of veto where the President can prevent a bill from becoming law without affirmatively vetoing it. This occurs when Congress adjourns for any period before the ten-day consideration period is up, and the President does not sign the bill. In this case, the bill cannot be returned to Congress, and it fails to become law. The pocket veto is mentioned in the same clause of the Constitution as the regular veto power, which states that if a bill is not returned by the President within ten days (Sundays excepted), it shall become law unless Congress's adjournment prevents its return.
The pocket veto has been a subject of debate and has been challenged in court. In the 1938 case of Wright v. United States, the Supreme Court upheld the President's use of the pocket veto when the originating Chamber (the Senate) adjourned for three days during the ten-day consideration period. However, the Court has also acknowledged the concerns around the pocket veto, including the uncertainty it can create when used at the end of a legislative session, followed by a lengthy break.
While the US Constitution specifically mentions the pocket veto power of the President, it is important to note that other officials within the US government, such as governors and mayors, also possess varying forms of veto power, including pocket vetoes, as outlined in their respective state or local laws.
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The President's opportunity to consider bills presented to him is protected
The Constitution grants the President the authority to veto legislation, commonly referred to as a "qualified negative." This power allows the President to defend against any congressional effort to "duck" and thwart a regular veto. It also addresses the founders' concerns about uncertainty arising from legislation passed at the end of a session, followed by a lengthy break, which the President may have reservations about.
The President has a ten-day period (excluding Sundays) to decide whether to sign or return any legislation while Congress is in session. If the President does not sign a bill within this period and Congress adjourns before the ten days elapse, the President can prevent the bill from becoming law by not returning it to Congress, known as a "pocket veto." This ensures that the President's opportunity to consider the bill is protected, and Congress cannot override the veto but must reintroduce the bill.
The Supreme Court has ruled on the interpretation of the Constitution's pocket veto provisions, including the definition of "adjournment" and the role of "appropriate agencies" in receiving bills during congressional adjournment. The Court has also addressed concerns about indefinite periods where a bill is in a state of uncertainty due to a pocket veto. These rulings provide clarity and guidance on the President's opportunity to consider bills and the limits of the pocket veto power.
In summary, the President's opportunity to consider bills presented to him is protected by the Constitution's veto provisions, specifically the inclusion of the pocket veto power. This safeguard ensures that the President has sufficient time and authority to review and act on legislation, preventing bills from becoming law without proper consideration.
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The President must sign or return a bill within ten days
The concept of a "pocket veto" is derived from Article 1, Section 7 of the U.S. Constitution, which outlines the President's role in the legislative process. This section states that the President must act on a bill within ten days (excluding Sundays) of it being presented to them. The President has two options: they can sign the bill into law, or they can return it to the originating House in the Congress with a veto message detailing their objections.
If the President approves of the bill, they will sign it, and it will become a law. However, if the President does not approve, they have the power to veto it, sending it back to the House where it originated, along with their objections. The House can then choose to reconsider the bill, and if two-thirds of that House still agree to pass it, it will be sent to the other House for reconsideration. If two-thirds of the second House also approve, the bill will become a law, despite the President's veto.
The pocket veto comes into play when, after approving a bill, Congress adjourns for a recess before the ten-day period is up. In this scenario, the President cannot physically return the bill to Congress, and their inaction on the bill—neither signing nor vetoing it—prevents it from becoming law. This is a unique power that the President holds, as it allows them to block legislation without taking any formal action.
The Supreme Court has weighed in on the pocket veto, offering clarity and establishing important distinctions. In the 1929 Pocket Veto Case, the Court addressed the issue of returning a bill to an officer or agent of the House for subsequent delivery when the House itself is not in session. The Court ruled that this method of return does not satisfy the constitutional mandate. However, in the 1938 case of Wright v. United States, the Court held that returning a bill to the Secretary of the Senate during a three-day adjournment by the originating Chamber was, in fact, an effective return.
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The President can prevent a bill from becoming law by not signing it
The President of the United States has the power to prevent a bill from becoming law by not signing it, which is known as a "pocket veto". This power is outlined in Article 1, Section 7 of the U.S. Constitution, which states that if a bill is not returned by the President within ten days (Sundays excepted) after it has been presented to him, and Congress has adjourned for the session, the bill will not become a law.
The pocket veto allows the President to block legislation by taking no action, or "keeping it in their pocket". This is in contrast to a "regular" veto, where the President returns a bill to Congress with their objections, giving Congress the opportunity to override the veto with a two-thirds vote in both Houses. The pocket veto is a controversial power, as it can be seen as a way for the President to kill legislation without providing any explicit reason for doing so.
The Supreme Court has ruled on the pocket veto in cases such as Wright v. United States (1938) and the Pocket Veto Case (1929). In the former, the Court held that the President's return of a bill to the Secretary of the Senate during a three-day adjournment by the originating Chamber was an effective return and did not constitute a pocket veto. In the latter, the Court found that a bill passed by both Houses of Congress and presented to the President less than ten days before the adjournment of that session, but neither signed nor returned by the President, did not become law.
The pocket veto power is not unique to the United States. The President of Finland and the President of India also have the power to pocket-veto bills passed by their respective parliaments. However, in Finland, such vetoes are only temporary, and in India, if the President returns a bill to Parliament for reconsideration and it is passed again, the President cannot withhold their assent a second time.
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The Supreme Court has not yet ruled on the President's pocket-veto power
The U.S. Constitution grants the President the authority to veto legislation passed by Congress. This authority, outlined in Article I, Section 7 of the Constitution, is one of the most significant tools the President can use to prevent the passage of legislation. The Constitution provides the President with 10 days (excluding Sundays) to act on legislation; if no action is taken, it automatically becomes law.
There are two types of vetoes: the "regular veto" and the "pocket veto." The regular veto is a qualified negative veto, where the President returns unsigned legislation to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message." Congress can override the President's decision if it can muster a two-thirds vote in each house.
The pocket veto, on the other hand, is an absolute veto that cannot be overridden. It occurs when a bill fails to become law because the President does not sign it within the 10-day period and cannot return the bill to Congress because it is no longer in session. This is derived from Article I, Section 7 of the 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 has been a source of contention between Congress and the President, with clashes over the interpretation of the term "adjournment." While the President has attempted to use the pocket veto during intra- and inter-session adjournments, Congress has denied this use. The Legislative Branch, backed by modern court rulings, maintains that the Executive Branch may only pocket veto legislation when Congress has adjourned sine die from a session.
The Supreme Court has not yet directly ruled on the President's pocket-veto power, and Presidents have been reluctant to pursue disputed pocket vetoes to the Supreme Court. This reluctance stems from the fear of an adverse ruling that would set a precedent in future cases. However, in the 1929 Pocket Veto Case (279 U.S. 655), the Supreme Court touched on the issue of vetoes, holding that a bill must be returned to the House in which it originated and that the President has a duty to sign or return bills with objections for reconsideration by Congress.
In Wright v. United States (1938), the Court addressed the return of a bill during an intrasession adjournment, finding that the President's return of a bill to the Secretary of the Senate during a three-day adjournment by the originating Chamber was effective. The Court also opined that delivering a bill to an officer or agent of the House, even if authorized by Congress, would not comply with the constitutional mandate.
While the Supreme Court has not explicitly ruled on the President's pocket-veto power, the Indiana Supreme Court ruled pocket vetoes unconstitutional in 1969, demonstrating the potential for legal challenges to this form of veto power.
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Frequently asked questions
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 Congress is no longer in session.
Article 1, Section 7 of the U.S. Constitution 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."
A regular veto occurs when the president returns a bill to Congress with a veto message detailing why they choose not to sign it. A pocket veto, on the other hand, happens when the president does not return the bill to Congress but simply takes no action, thus preventing it from becoming law.
No, if the president blocks legislation by pocket veto, Congress cannot override the veto. Instead, the legislature must reintroduce the bill and enact it again.
