A pocket veto is a presidential veto, but of a particular type. The U.S. Constitution
limits the President's period for decision on whether to sign or veto
any legislation to ten days (not including Sundays) while the United States Congress
is in session. The Constitution provides for two types of vetoes: a
regular or return veto, when the president sends a bill, along with his
objections, back to the house of Congress in which the bill originated.
Congress can override the veto by 2/3 vote of both houses, whereupon the
bill becomes law. A pocket veto only comes into play when Congress by
its adjournment prevents return of the bill. Thus, a pocket veto can
only occur under two circumstances: a) if Congress is adjourned, and b)
if bill return to Congress is not possible (bill return is possible when
Congress has adjourned, but has designated an agent to receive veto
messages and other communications, an action Congresses have taken
routinely for decades). If, under these circumstances, the president
withholds his signature, the bill dies instead of becoming law. That is
the pocket veto. (If the president neither signs nor vetoes a bill when
Congress is in session, the bill becomes law without his signature after
10 days.) Article 1, Section 7 of the U.S. Constitution states:
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, unless the Congress by their Adjournment prevent its return, in which case it shall not be a Law.
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