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Encyclopedia > Pocket veto

A pocket veto is a legislative maneuver in American federal lawmaking. The U.S. Constitution requires the President to sign or veto any legislation placed on his desk within ten days (not including Sundays). If he does not then it becomes law by default. The one exception to this rule is if Congress adjourns before the ten days is up. In such a case the bill does not become law, it is effectively, but not actually, vetoed. Ignoring legislation, or "putting a bill in one's pocket" until Congress adjourns is thus called a pocket veto. Since Congress cannot vote while in adjournment, a pocket veto cannot be overriden. Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... Seal of the President of the United States The President of the United States is the head of state of the United States. ... The word veto comes from Latin and literally means I forbid. ... A congress is a gathering of people, especially a gathering for a political purpose. ...


From the U.S. Constitution Article 1, Section 7: "...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. " Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...


Courts have never fully clarified when an adjournment by Congress would "prevent" the President from returning a vetoed bill. Some Presidents have interpreted the Constitution to restrict the pocket veto to the adjournment sine die of Congress at the end of the second session of the two-year Congressional term, while others interpreted it to allow intersession and intrasession pocket vetoes. In 1929, the United States Supreme Court ruled that a bill had to be returned to the chamber while it is in session and capable of work. A three-day recess of the Senate was considered a short enough time that the Senate could still act with "reasonable promptitude" on the veto. However, a five-month adjournment would be a long enough period to enable a pocket veto. Within those constraints, there still exists some ambiguity; Presidents have been reluctant to pursue disputed pocket vetoes to the Supreme Court for fear of an adverse ruling that would serve as a precedent in future cases[1] (http://www.senate.gov/reference/resources/pdf/RL30909.pdf). Adjournment sine die (from the Latin, without day) occurs when an organized bodys existence terminates. ... 1929 was a common year starting on Tuesday (link will take you to calendar). ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...


Reference

  • Fisher, Louis: The Pocket Veto: Its Current Status (http://www.senate.gov/reference/resources/pdf/RL30909.pdf), Mar. 30, 2001.

  Results from FactBites:
 
veto: Definition, Synonyms and Much More from Answers.com (2702 words)
In practice, the veto is used rarely by the president (although Franklin D. Roosevelt vetoed over 600 bills), and a bill once vetoed is rarely reapproved in the same form by Congress.
The pocket veto is based on the constitutional provision that a bill fails to go into operation if it is unsigned by the president and Congress goes out of session within ten days of its passage; the president may effectively veto such a bill by ignoring it.
In Westminster Systems and most constitutional monarchies, the power to veto legislation by withholding the Royal Assent is a rarely-used reserve power of the monarch, the representative of the monarch (e.g., governor general), or British-style president (who serves the same function as a constitutional monarch, but in a republic).
  More results at FactBites »


 

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