The figure is closer to ninety-three percent for regular vetoes; the figure becomes higher when pocket vetoes
, which cannot be overridden, are included.
Pocket vetoes have been exercised by presidents in three circumstances: during intrasession adjournments, between sessions of Congress (that is, intersession adjournments), and at the end of a two-year Congress.
All previous 26 pocket vetoes used by eight different presidents were exercised after sine die adjournments at the conclusion of the first, second, or third sessions of congresses.
When the Pocket Veto Case and Wright are read together, they remove the obstacles to regular vetoes during both intra- and intersession adjournments, paving the way for a growing consensus that pocket vetoes should only be used after sine die adjournments at the end of a two-year Congress (Zinn 1951, 19).
It even expanded on the lower-court ruling, casting doubt on the legality of pocket vetoes during any intrasession adjournments, as long as Congress designated agents to receive veto messages, and congressional leaders were in communication with those agents, should any rapid action on the part of Congress be warranted.
In response, Congress treated these actions as return vetoes, not pocket vetoes.
For a while we had a problem with pocket vetoes
," he recalls.
If the President vetoes or pocket vetoes
(allows the bill to die simply not signing it) the bill, it is unclear when the new 103rd Congress would be able to pass legislation reauthorizing cities and towns to issue mortgage revenue and small issue industrial development bonds.
The purpose of this article is to shed light on another area in which presidential aggrandizement of a constitutionally based power has steadily progressed below scholarly and political radar screens: so-called "protective return" pocket vetoes.
Pocket vetoes have been exercised by presidents in three circumstances: at the end of a two-year Congress, during intersession adjournments, and during intrasession adjournments.
Yet this decision, plus subsequent rulings and evolving practices, ultimately undercut the legitimacy and necessity of both intersession and intrasession pocket vetoes, paving the way for a growing consensus that pocket vetoes should only be used after sine die adjournments at the end of a two-year Congress (Dumbrell and Lees 1980).
The court noted that bill return could have been effected, consistent with Wright, and the court also cast doubt on pocket vetoes applied during any intrasession or intersession adjournment as long as appropriate arrangements were made for bill receipt, suggesting that a pocket veto was now only necessary after Congress adjourned sine die at the end of a two-year Congress.