The pocket veto is provided for in Article 1, Section 7, Clause 2 of the Constitution, which outlines the conditions for its use. It 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." This means that if the President fails to return the bill that Congress has sent to him within ten days and Congress adjourns during those ten days, and has not designated a legal agent to receive veto messages, the bill will not become a law if the president fails to sign it. Congress adjourns periodically throughout the year, including summer and winter breaks. Some recent presidents have claimed the right to use the pocket veto any time Congress is not in session, but the prevailing practice, supported by court rulings, says that presidents should use the regular or return veto as long as Congress has designated an office to receive such messages, which it has routinely done for decades, just as the Office of White House Clerk is designated by the president to receive enrolled legislation when the president is away. Thus, the pocket veto need only be used at the end of a two-year congress.
Yes. If Congress is not in session, but has designated agents to receive veto and other messages, then the president can employ a regular or return veto by sending the bill back to Congress. If Congress is not in session, and bill return is not possible, the president can then use a pocket veto, which kills the bill without returning it to Congress.
It can be used when the president doesn't want to veto a bill but he doesn't want it to be a law. If he doesn't sign it for 10 days once Congress has approved it, it is a pocket veto.
the president takes no action on a bill and congress adjourns
The president has the power to veto a bill passed by congress. The United States constitution gives the president 10 days to use a pocket veto which prevents the bill from becoming law.
The pocket veto is when a bill sits for 10 days and nothing is done to sign or veto it.
Congress is no longer in session
No. Congress isn't in session.
In 1929 the US Supreme Court made a verdict concerning the pocket veto. It declared that a pocket veto was valid at the end of a session of Congress as well as at the end of a yearly Congress. This ruling resolved an ambiguity concerning when a pocket veto was valid or not valid.
That is called a "pocket veto."
Pocket Veto
pocket veto
This is called a pocket veto. However, if Congress is in session and the President does not take action for 10 days, it becomes law.
For the president the advantage would be that pocket vetoes cannot be overridden by congress. The pocket vetoed bill simply disappears until it is started again in another session of congress. A normal veto can be overridden but only about 4% have been.
Once Congress has passed a bill, the President has 10 days to sign it, and it becomes law, or veto it, and send it back to Congress.If the President does not sign or veto the bill in 10 days, it becomes law without the Presidents signature, if Congress is in session. If the President does not sign or veto it in 10 days, and Congress is NOT in session, it is vetoed, called a pocket veto.
This is called a pocket veto. Bills do not die when a president does not sign them unless Congress adjourns less than 10 days after the bill is sent to the President.If Congress is still in session 10 days after the president gets the bill, it becomes law even without his signature.
With a "regular" veto, the president prevents it from becoming a law by withholding his signature and returning it to Congress; with a pocket veto he also withholds his signature, but does so when Congress has adjourned and has not designated a legal agent to receive veto or other messages (as at the end of a two-year congress). This is a pocket veto, and the bill dies after 10 days of being submitted to the president. A pocket veto applies only when the Congress is not in session.
The Pocket Veto The Pocket Veto
You are probably thinking of the "pocket veto." Unlike the regular presidential veto, which can occur any time within ten days of legislation that congress passed, and can then potentially be overridden by congress, the pocket veto can only occur if the president fails to sign a bill after congress has adjourned and is thus unable to override that veto. Authority for the "pocket veto" comes from Article 1, section 7 of the Constitution, which says, "the Congress by their adjournment prevent its return, in which case, it shall not be law."