Constitutional Law in 1928–29: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1928

Abstract

“Pocket veto” is the term applied to the killing of a bill by the President by the process of retaining it without signing it when Congress adjourns before the bill has been in his hands ten days. The Constitution provides for the pocket veto by stating: “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.” In the “Pocket Veto” case the Court decided that the word “adjournment” in this clause refers not merely to the final adjournment at the expiration of a Congress, but to any temporary or ad interim adjournment. In short, the President may effectively pocket veto a bill whenever Congress, by going home, prevents him from returning it within ten days. The Court thus gave judicial sanction to a practice which has been followed sporadically ever since the days of Madison.On June 24, 1926, a bill was presented to President Coolidge authorizing certain Indian tribes to sue in the Court of Claims. On July 3 the first session of the 69th Congress adjourned, and it did not meet again until December. It was not in session on July 6—the tenth day after the bill was presented to the President (Sundays excepted).