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      Can Congress override a Pocket Veto?

      Desmond K by Desmond K
      February 12, 2022
      Reading Time: 4 mins read
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      Can Congress override a Pocket Veto?

      Congress is the legislative branch of the United States governments. This powerful body has the ability to create laws, approve or reject bills, and investigate the actions of the executive branch. It can override president orders or vetoes. But can Congress override a pocket veto?

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      What is a Pocket Veto?

      A pocket veto is a “legislative maneuver that allows a  president or another official with veto power to exercise that power over a bill by taking no action (keeping it in their pocket) instead of affirmatively vetoing it.”[Source].

      What is the difference between a regular and Pocket Veto?

      A regular veto occurs when the “President returns the legislation to the house in which it originated, usually with a message explaining the rationale for the veto”, and a pocket veto occurs when “Congress adjourns during the ten-day period. The president cannot return the bill to Congress. The president’s decision not to sign the legislation is a pocket veto and Congress does not have the opportunity to override” [Source].

      What is the meaning of Pocket Veto Class 11?

      Pocket veto Class 11 means that the “President can just keep the bill pending with him without any time limit. This gives the President an informal power to use the veto in a very effective manner. This is sometimes referred to as ‘pocket veto’” [Source].

      Why might a President use a Pocket Veto instead of a regular Veto for Bill?

      Author Robert J. Spitzer explained the purpose of pocket veto by saying, “The pocket veto represents an anomaly. It is a kind of power the founders flatly rejected. Its presence in the Constitution is explainable only as a presidential defense against abrupt, untimely congressional adjournment aimed at thwarting the president’s ability to exercise the regular veto power.” [Source].

      What happens when a President does not return a bill in 10 days? What is the exception to that rule?

      If a president does not return a bill in 10 days, “Under the Constitution, if the President neither signs nor returns a bill within 10 days (Sundays excepted) it becomes law as if he had signed it unless Congress by its adjournment ”prevents its return.” [Source]. Pocket veto entails holding to a bill until Congress goes out of session, so the next Congress can pass it the bill again.

      When was the last time a President used a Pocket Veto?

      Former US president William J. Clinton last used a pocket veto in 2000 [Source] for a bill named the Bankruptcy Reform Act of 2000 which he left unsigned. He explained that the bill would “allow debtors who own expensive homes to shield their mansions from creditors while debtors with moderate incomes, especially renters, must live frugally and follow rigid payment plans for five to seven years.” [Source].

      Can Congress override a Pocket Veto?

      When it comes to Congress overriding a pocket veto, it is noted that “The pocket veto is an absolute veto that cannot be overridden” [Source]. A veto can be overturned by a two-thirds majority vote of both houses of Congress; a pocket veto requires a two-thirds vote of the Senate only” [Source].

      If a bill is a pocket vetoed, “the only way for Congress to circumvent the pocket veto is to reintroduce the legislation as a new bill, pass it through both chambers, and present it to the President again for signature.” [Source].

      How many times has Congress overridden a Presidential Veto?

      Congress has overridden about 112 presidential vetoes [Source].

      How many vetoes did Barrack Obama override?

      Former President Barrack Obama had 12 regular vetoes during his reign, and only one was overridden.

      Desmond K

      Desmond K

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