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The Unusual Story of the Pocket Veto Case, 1926-1929 (Paperback)
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The Unusual Story of the Pocket Veto Case, 1926-1929 (Paperback)
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According to the US Constitution, if a bill is not returned to
Congress by the president within ten days of receiving it and
Congress has adjourned, the bill is effectively vetoed. The
so-called pocket veto dates at least as far back as the presidency
of James Madison (1808-1816), but the constitutionality of its use
had not been considered by the Supreme Court until Okanogan et al.
v. United States was decided in 1929, during the last year of Chief
Justice Taft's tenure. Despite responding to a situation in
American Indian law, the Pocket Veto Case is notable for the fact
that its final decision had nothing whatsoever to do with Indian
law. The Okanogan Tribe is barely mentioned at all in the Court's
unanimous opinion, delivered by Justice Edward Sanford, which
ultimately concluded that the pocket veto is a constitutional
exercise of presidential authority. The Unusual Story of the Pocket
Veto Case explores the underlying tension between congressional
authority and the executive prerogative. Especially today, with
such tension very much in evidence, it becomes all the more
important to understand how and why the Constitution actually
appears to encourage it. Studying Okanogan et al. v. United States
and use of the pocket veto provides an excellent example of the
tension between Congress and the president.
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