Eleanor Finch
A pocket veto occurs when a bill fails to become law because the president does not sign it within a specified time period, typically ten days, excluding Sundays, and cannot return the bill to Congress because it is no longer in session. This power is not limited to the United States, as the President of Finland and the President of India also have the ability to pocket-veto bills passed by their respective parliaments. The use of the pocket veto has been controversial, with varying interpretations of when it can be used, and it has been the subject of several Supreme Court cases in the United States.
| Characteristics | Values |
|---|---|
| Applicable in | United States, India, Finland |
| Applicable to | President |
| Bill passed by | Congress |
| Time period | 10 days (excluding Sundays) |
| Action | No signature on the bill |
| Congress status | Not in session |
| Bill status | Not returned to Congress |
| Type | Regular or Pocket |
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What You'll Learn
- The US Constitution outlines that a pocket veto occurs when a bill fails to become law
- The President has 10 days to sign a bill, excluding Sundays, while Congress is in session
- If Congress adjourns before the 10 days elapse, the President can use a pocket veto
- The President of Finland can use a pocket veto, but it is only temporary
- The Indian Constitution does not specify a time frame for presidential action on a bill
The US Constitution outlines that a pocket veto occurs when a bill fails to become law
The US Constitution, in Article 1, Section 7, states that the President has ten days (not including 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, it typically becomes law as if they had signed it. However, if Congress adjourns within the ten-day window, preventing the bill's return, and the President does not sign, a pocket veto occurs, and the bill does not become law. This is a unique power that can be used by the President to block legislation without the possibility of an override by Congress.
The interpretation of when an adjournment by Congress "prevents" the President from returning a vetoed bill has been debated. Some have interpreted it to restrict pocket vetoes to the adjournment at the end of the two-year congressional term, while others allow for more frequent opportunities. The Supreme Court has weighed in on this issue, ruling in 1929 that the key question is whether the adjournment "prevents" the President from returning the bill, regardless of the type of adjournment.
The pocket veto has been used throughout US history, with Franklin D. Roosevelt holding the record for the most pocket vetoes, at 263. Since the George W. Bush presidency, no President has used this tactic. While the US Constitution outlines the pocket veto process, it is important to note that the specific implementation and outcomes may vary across different countries and their legislative processes.
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The President has 10 days to sign a bill, excluding Sundays, while Congress is in session
The US Constitution gives the President a 10-day window, excluding Sundays, to sign a bill into law while Congress is in session. If the President does not sign the bill within this timeframe, and Congress remains in session, it becomes law without the President's signature. This is not considered a pocket veto.
A pocket veto occurs when Congress adjourns during the 10-day period, and the President neither signs the bill nor returns it to the house of Congress from which it originated. In this case, the bill does not become law, and Congress would need to reintroduce it in the next session.
The rationale behind the pocket veto is that when Congress is adjourned, there is no opportunity for the bill to be returned to the originating house for potential override of the veto. This is a power granted to the President to prevent bills from becoming law without the opportunity for debate and potential override.
It's important to note that the 10-day period starts when the bill is presented to the President, not from the date of passage in Congress. This timeframe is intended to give the President sufficient opportunity to review and consider the legislation, consult with advisors and legal counsel, and make an informed decision.
During this period, the President has several options: signing the bill into law, allowing it to become law without a signature, or using the pocket veto to prevent it from becoming law when Congress is adjourned. The President's decision depends on various factors, including political, legal, and policy considerations, as well as the potential impact of the legislation on the country.
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If Congress adjourns before the 10 days elapse, the President can use a pocket veto
In the United States, a pocket veto occurs when a bill fails to become law because the president does not sign it within ten days of its passage by Congress, and cannot return the bill to Congress because it is no longer in session. This is permitted by Article 1, 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 Constitution gives the president ten days (excluding Sundays) to decide whether to sign or return any legislation while Congress is in session. If Congress adjourns before the ten days elapse, the president can use a pocket veto by simply declining to sign the bill, thereby preventing it from becoming law. In this scenario, Congress cannot override the veto; instead, it must reintroduce and enact the bill again.
The use of the pocket veto has been controversial, with courts never fully clarifying when an adjournment by Congress would "prevent" the president from returning a vetoed bill. Interpretations of the Constitution have differed, with some restricting the pocket veto to the adjournment at the end of the two-year congressional term, and others allowing it at any time when Congress is not in session. The Supreme Court has considered this issue in several cases, including The Pocket Veto Case (1929) and Wright v. United States (1938), but the precise circumstances under which a pocket veto is valid remain contested.
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The President of Finland can use a pocket veto, but it is only temporary
The President of Finland has the power to issue a pocket veto, which is a legislative manoeuvre that allows a president or other official with veto power to exercise that power over a bill by taking no action, thus effectively killing the bill without actively vetoing it. This means that the President of Finland can prevent a bill from becoming law by neither signing nor returning it to Parliament within a certain time frame. However, it is important to note that the President's veto power in Finland is only temporary.
In Finland, the President is directly elected by universal suffrage for a term of six years, and no president may be elected for more than two consecutive terms. The President must be a natural-born Finnish citizen and assumes office by making a solemn affirmation in both Finnish and Swedish, as specified in Section 56 of the Constitution. Under the Constitution of Finland, executive power is vested in both the President and the Government, and the President leads the nation's foreign policy in conjunction with the Government. While the President's powers have been reduced over time, they still possess veto power, which can be used to block legislation passed by Parliament.
The concept of a pocket veto is also seen in other countries, such as the United States and India. 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 (not including Sundays) and cannot return it to Congress because Congress is no longer in session. The United States Constitution limits the President's period for decision to this ten-day window while Congress is in session. Notably, Franklin D. Roosevelt had an outstanding number of pocket vetoes during his presidency, with 263 out of 635 total vetoes being pocket vetoes.
In India, Article 111 of the Constitution states that the President shall declare assent to a bill passed by both houses of Parliament or withhold assent, with the option to return the bill for reconsideration. However, if Parliament passes the bill again, the President cannot withhold assent a second time. By indefinitely postponing action on a bill and not returning it to Parliament, the Indian President can effectively veto it without a specified time frame for presidential action.
It is worth mentioning that the effectiveness of a pocket veto can depend on the laws of each country. In some cases, if the president takes no action, a bill may automatically become law. Additionally, Congress or Parliament can override a veto by a two-thirds vote of both chambers, or in the case of Finland, through other legislative processes.
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The Indian Constitution does not specify a time frame for presidential action on a bill
The Indian Constitution outlines the role of the President in the legislative process. Article 111 of the Indian Constitution states that the President can either declare their assent to a bill passed by both houses of Parliament or withhold their assent. If the President withholds their assent, they may return the bill to Parliament for reconsideration. If Parliament passes the bill again, with or without amendments, the President cannot withhold their assent.
However, the Indian Constitution does not specify a time frame for presidential action on a bill. This means that the President can effectively veto a bill by indefinitely postponing action on it and not returning it to Parliament. This is known as a pocket veto. For example, Zail Singh, the President of India from 1982 to 1987, exercised a pocket veto to prevent the Indian Post Office (Amendment) Bill from becoming law.
The lack of a specified time frame for presidential action on bills has raised questions about the potential for abuse of power. In recognition of this concern, the Indian Supreme Court has, for the first time, set a three-month deadline for the President to decide on bills referred by a Governor. This ruling is based on the understanding that while the President should have sufficient time to consider a bill, inaction or unnecessary delay can have serious implications and would fall foul of the basic constitutional principle that the exercise of power must not be arbitrary.
The Supreme Court's ruling has also raised questions about the role of the judiciary in imposing time frames on the executive branch. President Murmu has sought clarification from the Supreme Court on whether timelines can be imposed on the President and Governors to clear state bills. The Reference has highlighted conflicting judgments of the Supreme Court and has asked whether the constitutional discretion of the President under Article 201 is justiciable. The matter is now before the incumbent Chief Justice B.R. Gavai, who will form a Constitution Bench to consider the Presidential Reference.
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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 specified period, often ten days (not including Sundays), and cannot return the bill to Congress because it is no longer in session.
A regular veto is when the president returns a bill to Congress, which can be overridden by a two-thirds vote of both Houses of Congress. A pocket veto, on the other hand, is when the president does not return the bill to Congress and simply allows the specified period to lapse without taking any action, thereby preventing the bill from becoming law.
No, if the president blocks legislation through a pocket veto, Congress cannot override it. The only way for the bill to become law is for the legislature to reintroduce and enact it again.
Yes, several US presidents have used the pocket veto. Franklin D. Roosevelt had the most pocket vetoes, with 263 out of 635 of his vetoes being pocket vetoes. Other presidents who have used the pocket veto include Dwight D. Eisenhower, who had 108 pocket vetoes, and George W. Bush, who characterised his veto of H.R. 1585 as a pocket veto.
Yes, pocket vetoes are not unique to the United States. For example, the President of Finland has the power to use a pocket veto, although it is only temporary in effect. Additionally, the Indian Constitution allows for a form of pocket veto, where the President can indefinitely postpone action on a bill without sending it back to Parliament, effectively vetoing it.
