Presidential Vetoes

The veto power is defined in Article 1, Section 7 of the US Constitution. What is now called a "regular" veto is a case in which the President returns a bill to Congress (to the House in which it originated). The veto may be overridden by 2/3 vote of both Houses of Congress. The Constitution also specifies that if the President does not veto or sign a bill within 10 days (excluding Sundays), it becomes a law. This prevents the President from killing legislation through simple inaction.

The exception is if Congress has adjourned before the 10 days are up--thereby preventing a possible return with a veto. In that case the legislation does not become law. This situation permits what has been called a "pocket veto"--when the President does not return the legislation to Congress, but simply does not act. In that case the bill does not become law.

During the 20th century controversy arose about the meaning of the word "adjournment" and the possibility for a pocket veto. Did this refer only to ajournment between Congresses ("adjournment sine die") or between sessions, or did it refer to any break (e.g., a "recess.") which might occur at the end of the 10-day period for a President to act on legislation? In general, now Congress can provide for an "appropriate officer" to receive a President's veto message, and opportunity for prompt consideration of an override vote. Presidents may still assert a pocket veto, but accompany it with a message setting forth their objections, so that there will be no confusion as to whether the legislation was vetoed or should have automatically become law.

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