A pocket veto is an indirect veto used by executives to prevent a bill from becoming law without stirring controversy. If the executive doesn’t respond within 10 days, the bill usually becomes law, but if the legislature adjourns, the executive can exercise a pocket veto. The term dates back to the 1830s, and there are ways to avoid it, such as holding bills until after a break or leaving lawmakers in Congress to accept the bill if it is returned with a veto.
A pocket veto is an indirect veto by an executive official such as a governor or president. It can be used as a tactic when an executive doesn’t want to authorize a bill, but also doesn’t want to stir up controversy with a direct veto, and wants to make sure the bill doesn’t become law. When a bill is pocket vetoed, it must be reintroduced and carried through the entire legislative process if the legislature decides they want to try again.
When the legislature has finished drafting a bill and votes to pass it, it is sent to the executive for signature. Executives typically have 10 days to respond with a signature approving the bill and signing it into law, or a veto disapproving the bill. The legislature may have the option to vote to override the veto and still pass the bill, or accept the veto and let the bill die. If the executive doesn’t respond within 10 days, the bill usually automatically becomes law.
The exception to this is when the legislature adjourns. If the legislature adjourns during the 10-day waiting period, there is often no official mechanism for the executive to return the bill. The executive can choose to sign it and make it a law, or to do nothing and exercise a pocket veto. If the legislature adjourns and the executive does not sign the bill into law within 10 days, the bill does not become law. The pocket veto cannot be overridden with a vote.
The term “pocket veto” dates back to the 1830s and is a reference to the idea that the executive pockets the bill instead of signing it. Numerous executives, especially presidents, have taken advantage of the pocket veto. It occasionally attracts media attention, and some scholars have criticized the practice, arguing that there is some debate as to what constitutes an “update” and thus whether the pocket veto is really valid or not.
There are several ways a legislator can avoid this particular maneuver. One is to avoid sending invoices for signature in the immediate advance of an update. Because the legislative program is usually planned for several weeks, lawmakers can simply hold bills until after a break or introduce them more than 10 days before a scheduled break. Another option, one practiced by the US Congress on several occasions, is to adjourn, but leave several lawmakers in Congress who are allowed to accept the bill if it is returned with a veto.
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