Pocket Veto Case
Encyclopedia
The Pocket Veto Case 279 U.S. 655 (1929)
was a 1929 United States Supreme Court
decision which interpreted the Constitutional provisions regarding the pocket veto
.
, a bill that the President has not signed and not vetoed becomes law ten days after being sent to the President (not including Sundays). There is one exception to this: "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 United States 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 either sign or veto. Congress adjourned for the summer on July 3. July 6, the tenth day after the bill's passage, passed without a presidential signature or veto.
Several Indian tribes — the Okanogan
, Methow
, Sanpoil
, Nespelem
, Colville
, and the Lake 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 United States 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 decided on May 27, 1929.
The case hinged on the definition of "adjournment", as given in Article One. 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 1938, in Wright v. United States
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
was a 1929 United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision which interpreted the Constitutional provisions regarding the pocket veto
Pocket veto
A pocket veto is a legislative maneuver in United States federal lawmaking that allows the President to veto a bill indirectly.The U.S. Constitution limits the President's period for decision on whether to sign or veto any legislation to ten days while the United States Congress is in session...
.
Background
According to Article One of the United States ConstitutionArticle One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
, a bill that the President has not signed and not vetoed becomes law ten days after being sent to the President (not including Sundays). There is one exception to this: "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
Pocket veto
A pocket veto is a legislative maneuver in United States federal lawmaking that allows the President to veto a bill indirectly.The U.S. Constitution limits the President's period for decision on whether to sign or veto any legislation to ten days while the United States Congress is in session...
. The pocket veto had been used by United States presidents starting with James Madison
James Madison
James Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
.
In 1926, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed Senate Bill 3185, allowing American Indians
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
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
Calvin Coolidge
John Calvin Coolidge, Jr. was the 30th President of the United States . A Republican lawyer from Vermont, Coolidge worked his way up the ladder of Massachusetts state politics, eventually becoming governor of that state...
for him to either sign or veto. Congress adjourned for the summer on July 3. July 6, the tenth day after the bill's passage, passed without a presidential signature or veto.
Several Indian tribes — the Okanogan
Okanagan people
The Okanagan people, also spelled Okanogan, are a First Nations and Native American people whose traditional territory spans the U.S.-Canada boundary in Washington state and British Columbia...
, Methow
Methow (tribe)
The Methow , a Native American tribe historically lived along the Methow River, a tributary of the Columbia River in northern Washington. The tribe's name for the river was Buttlemuleemauch, meaning "salmon falls river". The river's English name is taken from that of the tribe...
, Sanpoil
Sanpoil (tribe)
The Sanpoil is one of 12 aboriginal Confederated Tribes of the Colville Indian Reservation. The name Sanpoil comes from the Okanagan [snpʕwílx], "gray as far as one can see". It has been folk-etymologized as coming from the French sans poil, "without fur". The Yakama people know the tribe as...
, Nespelem
Nespelem (tribe)
The Nespelem people belong to one of 12 aboriginal Confederated Tribes of the Colville Indian Reservation in eastern Washington. They lived primarily near the banks of the Nespelem River, an Upper Columbia River tributary, in an area now known as Nespelem, Washington, located on the Colville Indian...
, Colville
Colville (tribe)
The Colville tribe is a Native American tribe of the Pacific Northwest. The name Colville comes from association with Fort Colville, named after Andrew Colvile of the Hudson's Bay Company...
, and the Lake Indian Tribes
Sinixt
The Sinixt are a First Nations People...
— filed suit in the United States Court of Claims
United States Court of Claims
The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855 as the Court of Claims, renamed in 1948 to the United States Court of Claims , and abolished in 1982....
, which ruled that their case had no legal merit. The Indian tribes appealed to the United States Supreme Court, which agreed to hear the case. Arguing on behalf of the United States, U.S. Attorney General William D. Mitchell
William D. Mitchell
William DeWitt Mitchell was appointed to the position of U.S. Solicitor General by Calvin Coolidge on June 4, 1925, which he held until he was appointed to the position of U.S. Attorney General for the entirety of Herbert Hoover's Presidency.Born in Winona, Minnesota to William B...
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 decided on May 27, 1929.
The case hinged on the definition of "adjournment", as given in Article One. In a 9-0 decision, the court affirmed the lower court's ruling. The decision, written by Justice Edward Terry Sanford
Edward Terry Sanford
Edward Terry Sanford was an American jurist who served as an Associate Justice on the United States Supreme Court from 1923 until his death in 1930. Prior to his nomination to the high court, Sanford served as an Assistant Attorney General under President Theodore Roosevelt from 1905 to 1907, and...
, noted that adjournment should be interpreted broadly to mean any cessation of congressional legislative activity.
The court revisited the issue of pocket vetos in 1938, in Wright v. United States
Wright v. United States
Wright v. United States was the name of several United States Supreme Court cases.The most significant was the case of 1938 which partly overruled the court's earlier decision in the Pocket Veto Case....
.