Regular Vetoes and Pocket Vetoes: In Brief

Congressional Research Service ^ | July 18, 2019 | Meghan M. Stuessy

[11th_VA]

The veto power vested in the President by Article I, Section 7 of the Constitution has proven to be an effective tool in the executive branch’s dealings with Congress. In order for a bill to become law, the President either signs the bill into law, or the President allows the bill to become law without signature after a 10-day period.

Regular vetoes occur when the President refuses to sign a bill and returns the bill complete with objections to Congress within 10 days. Upon receipt of the rejected bill, Congress is able to begin the veto override process, which requires a two-thirds affirmative vote in both chambers in order for the bill to become law. Pocket vetoes occur when the President receives a bill but is unable to reject and return the bill to an adjourned Congress within the 10-day period. The bill, though lacking a signature and formal objections, does not become law. Pocket vetoes are not subject to the congressional veto override process.

[11th_VA]

Take always:

- Unique period coming up in the next 2 weeks

- Legislation regarding Sick Leave, Evictions, expired end of month

- In addition to all the spending bills

- Legislative session ends noon 3 Jan 2021

- 10 day ‘Pocket Veto’ period excludes Sundays

- by my math, all bills need to be passed by 23 Dec 2020 to avoid pocket veto

Scenario:

It’s ‘possible’, Senate could delay passing a bill they want Trump to pocket veto, by passing after noon (?) Dec 23, 2020. This could give Republicans cover, to vote FOR a bill ( ie; Defense Bill ), but actually see it vetoed.

[ConservativeMind]

“In order for a bill to become law, the President either signs the bill into law, or the President allows the bill to become law without signature after a 10-day period.”

I thought when the president did not sign the bill within ten days, it was vetoed. This is saying it becomes law.

[11th_VA]

No - after 10 days it becomes law UNLESS ... the congressional session ends - which happens every 2 years. So if the congressional clock runs out, before the 10 day period - the law doesn’t pass.

Each day we get closer to Dec 23, without laws passing, strengthens the President. McConnell knows this to, and so does Schumer and Pelosi - if they don’t make deals by Dec 23, Trump can kill it all. They will not have time to override a veto.

[ConservativeMind]

So this can only happen every two years?

I did not realize that.

Thank you.

[11th_VA]

So this can only happen every two years?

It’s complicated - It can happen whenever congress adjourns; but congress often doesn’t want to adjourn because that gives the President’ ‘recess appointment’ authority. But it definitely happens every two years when a new congress comes in.