The Presidential Pocket Veto: Its Use and Legality

Abstract

The general constitutional authority of the President to veto legislation passed by Congress has recently received renewed scholarly attention. However, few studies have focused on the pocket veto—the power to negate proposed laws sent for approval without the possibility of reconsideration—and its ramifications for presidential effectiveness. This research comprehensively investigates the creation, development, and employment of the pocket veto. First, this article will trace the history of this form of executive prerogative from colonial times through its establishment in the Constitution. Second, it will review the use of the pocket veto in the nineteenth century. Third, it will undertake a seminal empirical probe of influences on public-bill pocket-veto frequency from 1889 to 1989. Fourth, I will delineate congressional and court challenges to the use of this executive device. In the final section, I will assess the consequences of heightened consternation over pocket-veto use.