Can 45's pocket veto be overridden?

[allgood33]

Are there enough GOP with a spine and a soul to stand up to this corrupt, treasonous bastard?

[TreasonousBastard]

1. More to the point-- will enough of them be in town?

[Bucky]

2. You can't override a pocket veto

Congress can't file an override until a bill is vetoed. The pocket veto is a procedural move designed to veto without vetoing.

It's a dick move

[unblock]

3. A true pocket veto can't be overridden

A true pocket veto is just not signing a bill that passed both houses of Congress, but congress goes into recess within ten days.

Congress can't override it because they're not in session, by definition. However, congress can reintroduce the bill in a new session and start the game over again.

In practice, these days the senate at least usually technically stays in session by gaveling in and out once every 3 days, so a pocket veto (among other things) isn't possible.

[VMA131Marine]

4. The reason the Senate started gaveling in and out

Was to prevent President Obama From making recess appointments.

[unblock]

6. yeah, though i think they might have done that to clinton as well.

i agree that's the primary motivation; preventing pocket vetoes is a minor extra.

in any event, i think they have to technically adjourn for the new congress. i think this is the one time every two years when they can't prevent a pocket veto.

[sinkingfeeling]

5. If he just doesn't sign it, it can become law if they reconvene Congress within 10 days.

Pocket Veto

pocket veto - The Constitution grants the president 10 days to review a measure passed by the Congress. If the president has not signed the bill after 10 days, it becomes law without his signature. However, if Congress adjourns during the 10-day period, the bill does not become law. 


https://www.senate.gov/reference/glossary_term/pocket_veto.htm