Posted on 10/07/2010 2:20:33 PM PDT by daniel885
Obama's pocket veto today is a dangerous precdent where Obama is basically asserting the right to an absolute veto (without the power to override) even when Congress is in session. Pocket vetoes can only be done when Congress isn't in session. But go to www.senate.gov. The Senate will convene tomorrow morning at 11:30 and also just convened on Tuesday.
Here's what the Constitution says...
"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, u...nless the Congress by their Adjournment prevent its return, in which case it shall not be a Law."
A "pocket veto" effectively kills the legislation. It's an absolute veto without the power to override. Presidents have long used this but this is the first time I've heard of a President asserting this while Congress is in session. (Note the text of the Constitution says "THEIR adjournment" meaning both houses must adjourn for Congress to be considered adjourned).
To stop pocket vetoes Congress has from time to time appointed officials to receive communications from the President but Presidents usually don't recognize that and insist on Congress being in session (to preserve the right of a pocket veto). In this case though, there's no ambiguity. Congress is in session.
Robert Gibbs was asked how The President can pocket veto the bill when the Senate was still in session. He sort of dismissed this, as Democrats have been doing a lot the last few years when challenged on the Constitution, and said "the President certainly has the constitutional power to do that, and that is what he's exercising."
So Obama is trying to create a precedent where he can veto a bill without recourse... just ahead of new Republican majorities. He's subverting our Constitution!
Because then he'd have to take a stand, silly! The Pocket Veto is the same as voting present,something infinitely comfortable to our _resident. Sounds like he couldn't even do that right, however.
ADAF (another day, another fail)
THE SENATE IS IN SESSION ... From thomas.gov:
Floor Schedule
Friday, Oct 08, 2010
11:30 a.m.: Convene for a pro forma session.
Previous Meeting
Tuesday, Oct 05, 2010
The Senate convened at 11:00 a.m. for a pro forma session.
Exactly. If the Senate is in session and the President doesn’t sign (or veto, aka “return”) a bill... It becomes law automatically without his signature. So he can’t pocket veto the bill.
You’re absolutely right - I heard about the other day (and promptly forgot) in the context of recess appointments.
FUBO. Congress is still in session. Can’t do a Pocket Veto with congress in session you NUB.
Jeeez. The cretin breaks the constitution with his very presence. He KNOWS it so feels like he can do what ever he likes because the constitution is already invalidated, and no longer in effect. In a sense he might be right. But that’s just another good reason to put the bastard on trial for Treason.
Very interesting...this...and the subject in the pocket veto. Thanks to all posters.
Hmm....another case for Levin and Landmark Legal?
My thinking is that “Congress” cannot act unless both Houses are in session.
The Constitution limits the amount of time which one house can adjourn without the permission of the other to three days. So this issue is of interest only for three days.
I don’t really know why it was referred to that way. However, they were very loose in those days wrt spelling, grammar and punctuation. Commas were virtually unknown.
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