Pocket Veto Case
From Wikipedia, the free encyclopedia
| Pocket Veto Case | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
 |
||||||||||||
| Argued March 11, 1929 Decided May 27, 1929 |
||||||||||||
|
||||||||||||
| Holding | ||||||||||||
| Upheld the President's pocket veto. | ||||||||||||
| Court membership | ||||||||||||
| Chief Justice: William Howard Taft Associate Justices: Oliver Wendell Holmes, Jr., Willis Van Devanter, James Clark McReynolds, Louis Brandeis, George Sutherland, Pierce Butler, Edward Terry Sanford, Harlan Fiske Stone |
||||||||||||
| Case opinions | ||||||||||||
| Majority by: Sanford Joined by: Taft, Holmes, Van Devanter, McReynolds, Brandeis, Sutherland, Butler, Stone |
||||||||||||
| Laws applied | ||||||||||||
| Article One of the United States Constitution | ||||||||||||
The Pocket Veto Case (also known as Bands of the State of Washington v. United States and Okanogan, Methow, San Poelis, Nespelem, Colville, and Lake Indian Tribes v. US) 279 U.S. 655 (1929) was a 1929 United States Supreme Court decision which interpreted the Constitutional provisions regarding the pocket veto.
[edit] Background
According to Article One of the United States Constitution, 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: "If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law."[1] 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 US presidents starting with James Madison.
In 1926, the United States Congress passed Senate bill No. 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 the bill or veto it. 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.
[edit] References
- Pocket Veto Case - Further Readings
- Justia.com - The Pocket Veto Case
- Fisher, Louis. The Pocket Veto: Its Current Status. US Government and Finance Division, Congressional Research Service, US Library of Congress
[edit] Notes
- ^ U.S. Constitution, article II, section 4, clause 2.
