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Last week, the president claimed to have sunk Congress' defense authorization bill by pocket veto. Now Democrats are saying he can't do that.
We'll start first with the Constitution says, and then go on to what the Bush administration says it says.
Article I, section 7 of the Constitution says that the president must sign or veto legislation passed by Congress within ten days (not counting Sundays). If he signs it, it becomes law. If he vetoes it, then Congress can override his veto with a two-thirds majority in both houses. And if he does not sign or veto it while Congress is in session, it becomes law. But if Congress is not in session and he doesn't sign it, then it neither becomes law nor can Congress override it. The bill is dead. That's a pocket veto.
So on December 28th, the president proclaimed that the defense authorization bill was dead by pocket veto. (For some background on the substance of the dispute -- why Bush doesn't like the bill and Dems' frustration with the fact that the administration didn't raise the objection until after the bill passed -- see here.) Congress will just have to start over. Keep in mind that the bill passed both houses with veto-proof majorities.
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http://www.tpmmuckraker.com/archives/005010.phpBUT..the senate remained in session:
Because the bill has so much in it for veterans and active members of the Armed Forces, Bush apparently doesn't dare sign an affirmative veto. Instead, he'll pretend it... just went away on its own.
But this bill was presented to the president for his signature on December 19th. It's been eight days since then, not counting Sundays as the Constitution outlines. Seven if you give an extra day for Christmas. Hasn't been ten days yet.
Not only that, but you may recall that the Senate has remained in session all this time explicitly to prevent trickery like this. The most oft-cited reason was to prevent recess appointments, but the pro forma sessions -- the most recent of which was held today, yes, the very day Bush claimed there was no session -- also serve to avoid adjournment, and therefore the pocket veto.
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http://www.dailykos.com/storyonly/2007/12/28/171914/13/822/427337