Pocket Veto Case


The Pocket Veto Case, 279 U.S. 655, was a 1929 United States Supreme Court decision which interpreted the Constitutional provisions regarding the pocket veto.

Background

The Presentment Clause of Article I of the US Constitution states that a bill that the President has not signed and not vetoed becomes law ten days after being sent to the President "unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law."
The action of the President allowing a bill to expire without signing it after the adjournment of Congress is known as a pocket veto. The pocket veto had been used by Presidents starting with James Madison.
In 1926, the United States Congress passed Senate Bill 3185, allowing American Indians in Washington state to sue for damages from the loss of their tribal lands. On June 24, 1926, the bill was sent to President Calvin Coolidge for him to sign or veto. Congress adjourned for the summer on July 3. After July 6, the tenth day after the bill's passage, it had received neither a presidential signature nor veto.
Several Indian tribes filed suit in the United States Court of Claims, which ruled that their case had no legal merit. The Indian tribes appealed to the Supreme Court, which agreed to hear the case. Arguing on behalf of the United States, U.S. Attorney General William D. Mitchell argued that the pocket veto was a long-established practice that had been used to decide many important cases. The case was argued on March 11, 1929 and was decided on May 27, 1929.
The case hinged on the definition of "adjournment," in Article I.

Decision

In a 9–0 decision, the court affirmed the lower court's ruling. The decision, written by Justice Edward Terry Sanford, noted that adjournment should be interpreted broadly, to mean any cessation of congressional legislative activity.
The court revisited the issue of pocket vetos in.