Pocket veto

A pocket veto is a way a president can kill a bill without returning it to Congress. Article I, Section 7 says that if the president does not sign a bill within ten days (excluding Sundays) it becomes law, "unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law."

If Congress adjourns before the ten days end, the bill is said to be "pocketed," and no veto override is possible. The practical question is what counts as an adjournment that prevents return. Courts and presidents have disagreed over whether short recesses or intrasession breaks qualify, since Congress usually appoints agents to receive messages during them. Presidents of both parties have claimed pocket vetoes during recesses; Congress has generally treated those as regular vetoes and attempted overrides. The Supreme Court has not settled the question, and some lower-court rulings have found short recesses do not qualify.

The pocket veto is a rare tool today, since Congress usually holds pro forma sessions to keep the chamber technically in session, a tactic also used to block recess appointments. It is a feature of the veto power that tests the balance of checks and balances.