Presidential Veto/Pocket Veto

The Constitution provides the President with two kinds of vetoes in Article 1, Section 7, which have been used frequently during different Presidential terms throughout history. The co-founders of the constitution placed this veto power in the hands of the Executive Branch in order to provide further means of checks and balances. The regular or return veto also referred to as a qualified veto, is whereby the President takes two steps: he withholds executive signature and returns the bill with his objections to the House where it originated. The bill is then subject to override by Congress. The second is the pocket veto which has different procedures and a more resounding effect. “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 the like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case is shall not be a law.” (Spitzer) A pocket veto is essentially used when Congress tries to pass legislation by a simple majority for which the President either finds the legislation unconstitutional, or the President objects to or does not want his name associated with it. In this event the President can kill the bill by doing nothing, which is, “just putting it in his pocket.” If Congress is still in session after the President has had it for the prescribed ten days and he makes no response to it, it becomes law anyway, without his signature. This veto is an absolute—it kills the legislation that is in question since there is no bill return and therefore no possibility of override. The only alternatives that Congress has when dealing with a pocket veto is either to stay in session for ...

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Ginsberg, Lowi, Weir, Tolbert, Spitzer. We the People: An Introduction to American Politics 9th Essentials. New York: W.W. Norton & Company, Inc., 2013. Book.

History, Art & Archives, U.S. House of Representatives. History, Art & Archives, U.S. House of Representatives, "Presidential Vetoes". 2014. Internet Page. 26 March 2014. .

House, The United States White. Veto on H.R. 810, The Stem Cell Research Enhancement Act of July 2005. National bulletin. Washington: United States White House, 2006. White House Press Release.

Newswatch. ""US President Vetoes Stem Cell Funding."." Biologist 53.4. 2006.

Spitzer, Robert J. "The Law: The "Protective Return" Pocket Veto" Presidential Aggrandizement of Constitutional Power." Presidential Studies Quarterly, Vol. 31, No. 4 (2001): 720-732. Print.