Keith Mack
A bill can become a law without the President's signature if the President does not sign off on the bill or veto it within 10 days while Congress is in session. This is distinct from a pocket veto, which occurs when the President does not sign off on a bill and Congress has already adjourned or is no longer in session, in which case the bill is vetoed by default and cannot be overridden by Congress.
| Characteristics | Values |
|---|---|
| Time taken by the President to act on the bill | 10 days |
| Congress status | In session |
| President's action | No signature or veto |
| Congress action | Override the veto with a two-thirds majority vote in both Houses |
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What You'll Learn
Presidential approval not required
In the United States, a bill can become a law without the president's signature if the president does not sign off on it or veto it within ten days while Congress is in session. This is distinct from a "pocket veto", which occurs when the president does not sign off on a bill within ten days and Congress has already adjourned, in which case the bill does not become law.
In the case of a "pocket veto", Congress may attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the president's veto is overruled, and the bill becomes a law without the president's signature.
Additionally, certain types of resolutions do not require the president's signature to become law. For example, a House Concurrent Resolution (designated as H. Con. Res.) and a Senate Concurrent Resolution (designated as S. Con. Res.) must be approved by both Houses but do not require the president's signature. However, it is important to note that these resolutions do not carry the force of law and are typically used to express Congressional sentiment.
In summary, while the president's signature is typically required for a bill to become a law, there are circumstances where this is not the case. If the president does not act on a bill within the specified time frame or if certain types of resolutions are approved by both Houses, a bill can become a law without the president's signature.
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Congress override
In the United States, a bill can become a law without the President's signature if the President does not act on it within 10 days. This period is calculated excluding Sundays. This is to prevent the President from killing legislation through inaction. If the President vetoes the bill, it is sent back to Congress, along with a note listing their reasons for doing so. Congress can then attempt to override the veto by holding a two-thirds majority vote in each House. If the veto is overridden in both chambers, the bill becomes law without the President's signature.
The first instance of Congress overriding a presidential veto occurred in 1845, during the waning hours of the 28th Congress. The bill in question was an appropriation bill introduced by Senator Jabez Huntington of Connecticut, which prohibited the President from authorizing the building of Revenue Marine Service (Coast Guard) ships without approved appropriations from Congress. President John Tyler, a lame duck, vetoed the bill to protect existing contracts and retain presidential prerogative. Huntington responded that "the objections made by the President relied entirely upon a mere philological criticism". On the final day of the session, the Senate overturned Tyler's veto with only one dissenting vote and sent it to the House for immediate consideration. The House debated late into the evening and voted 126-31 in favour of an override, nullifying Tyler's veto.
Since then, there have been several instances of Congress overriding presidential vetoes. During the administration of Franklin Pierce, Congress overrode five out of nine of his vetoes. To date, US presidents have vetoed more than 2,500 bills, with Congress overriding the President less than five per cent of the time.
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President's inaction
In the United States, a bill can become law without the president's signature if the president does not act on it within 10 days while Congress is still in session. This is distinct from a "pocket veto", which occurs when Congress adjourns before the 10-day period is up, and the bill does not become law.
The process of a bill becoming law begins with its introduction by a member of Congress, either from the Senate or the House of Representatives. The bill is then assigned to a committee, which may refer it to subcommittees for further study and hearings. The committee will make changes and amendments to the bill before recommending it to the "floor". Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by a vote. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies have approved a bill in identical form, it is sent to the president for approval.
The president has several options when presented with a bill. They can approve the bill and sign it into law, or they can refuse to approve it and veto it. If the president chooses to veto a bill, Congress may attempt to override the veto with a two-thirds majority vote in both the Senate and the House. If this occurs, the bill becomes law without the president's signature.
In the case where the president takes no action on a bill for 10 days while Congress is in session, the bill will automatically become law without the president's signature. This inaction by the president is sometimes referred to as a "passive approval" or "pocket passage". It is important to note that this only applies when Congress remains in session during the 10-day period. If Congress adjourns before the 10 days are up, the bill does not become law, resulting in a pocket veto.
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Pocket veto
In the United States, a bill typically becomes a law when it is passed with a simple majority in both the House and the Senate, and is then signed by the President. However, in certain circumstances, a bill can become a law without the President's signature. This can occur through a pocket veto.
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 outlines this process:
> "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 ten-day period includes only working days, meaning that Sundays are excluded from the count. This means that the President has more than ten calendar days to make a decision on the bill.
The pocket veto is a powerful tool that allows the President to effectively veto a bill without formally doing so. By not signing the bill and allowing Congress to adjourn, the President can prevent the bill from becoming law. This tactic has been used by several US Presidents throughout history, most notably Franklin D. Roosevelt, who had 263 pocket vetoes during his time in office.
It is important to note that Congress can take steps to prevent a pocket veto from occurring. One strategy is to adjourn and designate an agent to receive veto messages and other communications on behalf of Congress. This practice has been routinely employed by Congresses for decades.
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Presidential veto
The US Constitution grants the President the authority to veto legislation passed by Congress. This authority, derived from Article 1, Section 7 of the Constitution, is one of the President's most significant tools to prevent the passage of legislation. Even the threat of a veto can bring about changes to a bill long before it is presented to the President.
The President must act on all bills sent by Congress within 10 days (excluding Sundays). During this period, the President can choose to sign the bill into law or allow the bill to become law without their signature. If the President does not sign the bill or veto it within ten days, the bill becomes law without their signature.
The President can veto a bill by announcing they will not sign it and sending it back to Congress within the 10-day period, usually with a memorandum of disapproval or a "veto message" indicating their objection. This is called a "regular veto" and is distinct from a "pocket veto". A veto can be overridden by a two-thirds majority vote in both Houses of Congress. If the veto is overridden, the bill becomes law without the President's signature. If the two-thirds majority is not reached in both Houses, the bill dies.
A pocket veto occurs when the President does not return the legislation to Congress but simply does not act on it. This can only happen if Congress has adjourned before the 10-day period is up, preventing the President from returning the bill. In this case, the bill does not become law. The first President to use the pocket veto was James Madison in 1812.
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Frequently asked questions
If the President does not sign off on a bill and Congress has already adjourned, the bill will be vetoed by default. This is called a pocket veto and it cannot be overridden by Congress.
If the President does not sign the bill or veto it within ten days while Congress is in session, the bill automatically becomes law without the President's signature.
If the President vetoes a bill, Congress may attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled, and the bill becomes a law without the President's signature.
