What is a pocket veto?

A pocket veto occurs when the President does not sign a bill within ten days and Congress adjourns within those ten days, preventing the bill from being returned with a veto and effectively killing the legislation. The pocket veto is set out in Article I, Section 7 of the Constitution. The Constitution gives the President ten days (excluding Sundays) to act on a bill after it is presented.

If the President takes no action, the result depends on whether Congress is in session. If Congress is still in session at the end of the ten days, the bill becomes law without the President's signature. If Congress has adjourned within the ten-day period, the bill is pocket vetoed and does not become law.

Unlike a regular veto, which can be overridden by a two-thirds vote in both chambers, a pocket veto cannot be overridden because Congress is no longer in session to take the override vote. The legislation simply dies and would have to be reintroduced in the next session if proponents wanted to try again.

The pocket veto has been used by presidents throughout American history. James Madison was the first to use it in 1812. Many presidents have used it occasionally, particularly at the end of legislative sessions when Congress is rushing to pass last-minute legislation before adjournment. The use of pocket vetoes has declined in recent decades as Congress has worked to ensure that important legislation is passed early enough to allow the President a clear opportunity to sign or veto in the regular way.

Pocket vetoes are most likely to occur at the end of a Congress (the two-year session) when Congress adjourns sine die, meaning without a date set for resuming work. The Supreme Court has clarified some aspects of the pocket veto rule. Adjournment within a Congress (such as when Congress takes a recess between sessions) generally does not allow a pocket veto, as long as there is some mechanism for receiving a returned veto. Adjournment at the end of a Congress, when no session continues, clearly permits the pocket veto.

The pocket veto is sometimes considered a powerful presidential tool because it prevents Congress from overriding it. Presidents have occasionally used the threat of a pocket veto to extract concessions from Congress on legislation that Congress is rushing to pass before adjournment. Critics of the pocket veto argue that it gives the President too much unilateral power to block legislation without a clear public veto.