The Veto Power Play: Can Congress Override A Pocket Veto?

A pocket veto is a legislative procedure that allows the president to prevent a bill from becoming law without signing or vetoing it. This can be done when Congress is adjourned during the ten-day period in which the president must sign or return a bill. While a regular veto can be overridden by a two-thirds vote in both houses of Congress, a pocket veto cannot be overridden. This means that if a bill is pocket-vetoed, Congress must reintroduce the legislation and pass it through both chambers again before presenting it to the president for signature.

Pocket vetoes cannot be overridden by Congress

A pocket veto occurs when a bill fails to become law because the president does not sign it within ten days and cannot return the bill to Congress because Congress is no longer in session. The bill is then effectively killed, and the president's inaction prevents it from becoming law.

Article 1, Section 7 of the US Constitution outlines the pocket veto process. If Congress approves a bill and sends it to the President, and then adjourns before the ten days elapse, the President cannot return the bill to the originating Chamber after adjournment. The President can then prevent the bill from becoming law by simply declining to sign it.

The pocket veto is a powerful tool for the President to block legislation without the possibility of Congressional override. If the President blocks a bill through a pocket veto, Congress cannot override the veto. Instead, the legislature must reintroduce the bill and enact it again, which can be a challenging process. This distinction between a regular veto and a pocket veto is important, as a regular veto can be overridden by a two-thirds vote of both Houses of Congress.

The Supreme Court has considered cases concerning the return of vetoed legislation to Congress, such as the 1929 Pocket Veto Case, which affirmed the President's inability to return a bill to the Senate when Congress adjourned before the ten-day period. While there have been controversies and challenges regarding the interpretation of "adjournment", the pocket veto remains a unique power for the President to influence legislation without the possibility of Congressional override.

Congress can adjourn and designate an agent to receive veto messages

In 1938, the Supreme Court ruled in Wright v. United States that the Constitution "does not define what shall constitute a return of a bill or deny the use of appropriate agencies in effecting the return". This means that Congress can designate agents to receive veto messages when it is not in session. The Court also stated that the “determinative question" is not the type of adjournment but whether it “prevents" the President from returning the bill.

For example, in 2007, the House of Representatives designated agents to receive presidential messages before adjourning. However, President George W. Bush claimed he had pocket vetoed the National Defense Authorization Act for Fiscal Year 2008. Then-House Speaker Nancy Pelosi rejected the President's claim, stating that "Congress vigorously rejects any claim that the president has the authority to pocket veto this legislation and will treat any bill returned to the Congress as open to an override vote."

It is important to note that there is still some ambiguity surrounding the conditions under which an adjournment by Congress would "prevent" the President from returning a vetoed bill. While some presidents have interpreted the Constitution to restrict the pocket veto to adjournments at the end of the second session of the two-year congressional term, others have interpreted it to allow intersession and intrasession pocket vetoes.

The President can't return a bill to the Senate if Congress adjourns in 10 days

The US Constitution gives the President the power to veto a bill, but this power is limited by certain provisions. If Congress approves a bill and sends it to the President, and then adjourns for more than 10 days (excluding Sundays), the President cannot return the bill to the originating Chamber after this adjournment period. This is what is known as a "pocket veto".

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. In this case, the bill does not become law. The term “adjournment” has been a source of controversy, with debate over whether it refers only to adjournment between Congresses or any break that might occur at the end of the 10-day period. The Supreme Court, in 1929, declined to limit the word adjournment to final adjournments, instead interpreting it as any time Congress is not in session.

Congress can, however, designate an agent to receive veto messages and other communications so that a pocket veto cannot occur. If a bill is pocket vetoed while Congress is out of session, the only way to circumvent it is to reintroduce the legislation as a new bill, pass it through both chambers, and present it to the President again for signature. This can be a difficult process.

It is important to note that a pocket veto cannot be overridden by Congress. If the President blocks legislation in this way, Congress must start the process again with the bill, they cannot override the veto.

A regular veto is when the President returns a bill to Congress

A "regular veto" is when the President returns a bill to Congress (to the House in which it originated) within 10 days (excluding Sundays). The veto may be overridden by a two-thirds vote of both Houses of Congress. This is distinct from a "pocket veto", which occurs when the President does not return the bill to Congress within 10 days and Congress is no longer in session. In this case, the bill does not become law and cannot be overridden by Congress. Instead, the bill must be reintroduced and passed by both Houses of Congress, which can be challenging.

The power of veto is defined in Article 1, Section 7 of the US Constitution. The Constitution ensures that Congress has the opportunity to consider the President's objections and pass the bill over his veto, provided there are sufficient votes. The Supreme Court has considered two cases concerning the return of vetoed legislation to Congress. In 1929, in The Pocket Veto Case, the Court held that the President could not return a bill to the Senate when Congress adjourned fewer than ten days after presenting the bill. However, in the 1938 case Wright v. United States, the Court held that the President's return of a bill to the Secretary of the Senate on the tenth day after presentment during a three-day adjournment was effective.

The distinction between a regular veto and a pocket veto has been a subject of controversy. While a regular veto can be overridden by Congress, a pocket veto cannot. This has led to debates about the interpretation of the word "adjournment" and the possibility for a pocket veto. Congress can designate an agent to receive veto messages during adjournment to prevent a pocket veto.

In some cases, Congress has treated pocket-vetoed bills as open to an override vote, rejecting the idea that the President has the authority to pocket veto legislation. However, constitutional scholars argue that the administration would be on weak grounds in court, as an absolute veto was rejected by the Framers. While a pocket veto can be a powerful tool for the President to block legislation, it is important to note that it cannot be used to override the will of a larger group without consequence.

The President must veto or sign a bill within 10 days (excluding Sundays)

The US Constitution states that the President must veto or sign a bill within 10 days (excluding Sundays) while the US Congress is in session. If 10 days pass and Congress is still in session, the bill becomes law as if the President had signed it. However, if Congress adjourns before the 10 days are up, the President cannot return the bill to the originating chamber after adjournment, and a "pocket veto" occurs. In this case, the bill does not become law.

A pocket veto can only occur when Congress adjourns during the 10-day period and the President does not sign the bill. If Congress remains in session and the President does not act, the bill becomes law automatically after 10 days.

The pocket veto has been a source of controversy, with some arguing that it gives the President too much power. The Supreme Court has considered cases concerning the return of vetoed legislation to Congress, and has held that the President cannot return a bill to the originating chamber if Congress adjourns before the 10-day period elapses.

While Congress can override a "regular" veto with a two-thirds vote of both houses, it cannot override a pocket veto. If a bill is pocket vetoed, the only way for Congress to circumvent it is to reintroduce the legislation as a new bill, pass it through both chambers, and present it to the President again for signature. This process can be challenging, and it requires significant effort to enact the bill into law.

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