Presentment Clause
Encyclopedia
The Presentment Clause of the United States Constitution
outlines federal
legislative
procedure by which bills
originating in Congress
become federal law
in the United States
.
states:
decision in Clinton v. City of New York
, 524 U.S. 417 (1998), struck down as unconstitutional
the Line Item Veto Act of 1996
, holding that the line-item veto
violated the Presentment Clause.
, 462 U.S. 919 (1983), as violating the Presentment Clause and bicameralism
.
s of various states restricted travel on Sundays, to allow a full ten days of consideration between the President and his advisors, the drafters
of the Constitution excluded Sundays from the review period.
However, Justice Brewer, speaking for a unanimous Supreme Court in Church of the Holy Trinity v. United States
, 143 U.S. 457 (1892), cited the Presentment Clause as a clear example of why “no purpose of action against religion can be imputed to any legislation, state or national, because this is a religious people.” Specifically, the Court stated:
from the President. This allows the National Archives and Records Administration
to maintain records of and publish the enacted laws.
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
outlines federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
legislative
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
procedure by which bills
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
originating in 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....
become federal law
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Text
The Presentment Clause in Article IArticle 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...
states:
Summary
- The bill must be passed in identical form in both the House of Representatives and Senate and signed by the President. (In modern times, similar but not identical bills passed by both houses go to conference committeeConference committeeA conference committee is a joint committee of a bicameral legislature, which is appointed by, and consists of, members of both chambers to resolve disagreements on a particular bill...
for final revisions before returning to both houses to pass in identical form.)- The President may either sign a bill into law or vetoVetoA veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
it, sending a veto message with his objections back to the house that originated the bill.- A two-thirds majority of both houses may override the vetoVeto overrideA veto override is an action by legislators and decision-makers to override an act of veto by someone with such powers - thus forcing through a new decision. The power to override a veto varies greatly in tandem with the veto power itself. The U.S constitution gives a 2/3 majority Congress the...
, and it becomes law without the President's consent.
- A two-thirds majority of both houses may override the veto
- If, while the Congress is in session, the President does not sign a bill or veto it within 10 days (not counting Sundays) of its issuance, it automatically becomes law.
- If, while Congress is not in session (adjourned), the President does not sign a bill or veto it within 10 days (not counting Sundays) of its issuance, it fails. This "pocket vetoPocket vetoA 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...
," so called because the President is then said to "put the bill in his pocket and forget about it," cannot be overridden by Congress, although when Congress does convene again they can pass the same bill again. In addition, Congressional "pro formaPro formaThe term pro forma is a term applied to practices or documents that are done as a pure formality, perfunctory, or seek to satisfy the minimum requirements or to conform to a convention or doctrine...
" sessions may be used to prevent pocket vetoes.
- The President may either sign a bill into law or veto
Line-item veto
The Supreme Court of the United StatesSupreme 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 in Clinton v. City of New York
Clinton v. City of New York
Clinton v. City of New York, , is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United...
, 524 U.S. 417 (1998), struck down as unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
the Line Item Veto Act of 1996
Line Item Veto Act of 1996
The Line Item Veto Act of 1996 enacted a line-item veto for the Federal government of the United States, but its effect was brief due to judicial review....
, holding that the line-item veto
Line-item veto
In United States government, the line-item veto, or partial veto, is the power of an executive authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package...
violated the Presentment Clause.
Legislative veto
The Supreme Court also found the legislative veto unconstitutional in Immigration and Naturalization Service v. ChadhaImmigration and Naturalization Service v. Chadha
Immigration and Naturalization Service v. Chadha, 462 U.S. 919 , was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.-Parties:...
, 462 U.S. 919 (1983), as violating the Presentment Clause and bicameralism
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
.
Exclusion of Sundays
The ten day period for the presidential review of legislation excludes Sundays. Some scholars believe this exclusion was not for religious reasons, but intended to support a deliberative process in which the President would consult and seek advice regarding the merits of the proposed law. For instance, Jaynie Randall has stated that because the blue lawBlue law
A blue law is a type of law, typically found in the United States and, formerly, in Canada, designed to enforce religious standards, particularly the observance of Sunday as a day of worship or rest, and a restriction on Sunday shopping...
s of various states restricted travel on Sundays, to allow a full ten days of consideration between the President and his advisors, the drafters
Philadelphia Convention
The Constitutional Convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania, to address problems in governing the United States of America, which had been operating under the Articles of Confederation following independence from...
of the Constitution excluded Sundays from the review period.
However, Justice Brewer, speaking for a unanimous Supreme Court in Church of the Holy Trinity v. United States
Church of the Holy Trinity v. United States
Church of the Holy Trinity v. United States, 143 U.S. 457 , was a decision of the Supreme Court of the United States regarding an employment contract between The Church of the Holy Trinity, New York and an English priest.- 1885 Act :...
, 143 U.S. 457 (1892), cited the Presentment Clause as a clear example of why “no purpose of action against religion can be imputed to any legislation, state or national, because this is a religious people.” Specifically, the Court stated:
National Archives
1 U.S.C. § 106a provides that whenever a bill becomes law or takes effect, it will be received by the Archivist of the United StatesArchivist of the United States
The Archivist of the United States is the chief official overseeing the operation of the National Archives and Records Administration. The first Archivist, R.D.W. Connor, began serving in 1934, when the National Archives was established as an independent federal agency by Congress...
from the President. This allows the National Archives and Records Administration
National Archives and Records Administration
The National Archives and Records Administration is an independent agency of the United States government charged with preserving and documenting government and historical records and with increasing public access to those documents, which comprise the National Archives...
to maintain records of and publish the enacted laws.