Pocket veto

The term pocket veto describes a legislative maneuver in the legislation of the United States , where the president or other officials with veto -Befugnis the entry into force of a law does not prevent by actively exercising the right of veto, but by not signing, and in a manner that allows the Congress makes it impossible to overrule that decision. In addition to the President and some have governors of states with a pocket veto.

overview

The United States Constitution requires the President to either sign or veto any law that has successfully passed Congress - otherwise it will come into effect within 10 days without his or her signature. However, if the Congress adjourns within this period, for example at the end of a session, the law does not come into force if the President is not signed.

The relevant part of the constitution reads:

"Article I, Section 7 of the United States Constitution"

"... If a bill is not returned by the President within ten days (not counting Sundays) of being presented to him, it shall become law in the same way as if he had signed it, unless Congress prevented the return by postponing; in this case it should not have the force of law. "

Since Congress cannot vote in the event of a postponement, there is no way for it to overrule this indirect veto with a possible two-thirds majority.

Some state governors also have the option of using a pocket veto if the state parliaments are adjourned. However, the deadlines for the governor to sign laws vary from state to state.

literature

• Kurt L. Shell: Chapter Congress and President. , Section “Constitution and Increase in Power”, subsection “The President as Legislator”. In: Peter Lösche , Hans-Dietrich von Löffelholz (ed.): Country report USA. History, politics, economy, society, culture . 4th edition. Federal Agency for Civic Education , Bonn 2004, ISBN 3-89331-485-7 , p. 230; 5. new. Edition. (Ed. Only Lösche) BpB, Bonn 2008, ISBN 978-3-89331-851-3 , p. 124 f.