The last pocket veto was used by President Bill Clinton on December 19, 2000. This veto applied to the District of Columbia Appropriations Act of 2001 (H.R. 5658).
Understanding the Pocket Veto
A pocket veto is a legislative maneuver that allows a president to effectively veto a bill by taking no action on it, but only under specific circumstances. Unlike a regular veto, which can be overridden by a two-thirds vote in both the House and Senate, a pocket veto cannot be overridden because Congress is not in session to receive and reconsider the bill.
How a Pocket Veto Works
For a pocket veto to occur, two conditions must be met:
- The President receives a bill passed by Congress.
- Congress adjourns (ends its session) within the ten-day period (excluding Sundays) after the bill is presented to the President, preventing its return.
If Congress is in session, even if within the ten-day window, and the President does not sign the bill, it automatically becomes law without his signature. The pocket veto only applies when the congressional adjournment prevents the bill's return.
The Last Instance of a Pocket Veto
President Bill Clinton's pocket veto of December 19, 2000, was the last time this specific presidential power was exercised. The bill in question, the District of Columbia Appropriations Act of 2001 (H.R. 5658), would have provided funding for various District of Columbia operations. President Clinton chose not to sign the bill, and because Congress was in an intersession adjournment for the holidays, he was able to use the pocket veto, effectively killing the legislation.
This action occurred just weeks before the end of his second term, highlighting the tactical use of the pocket veto in the final days of a legislative session or presidency.
Historical Context of Pocket Veto Usage
The use of the pocket veto has varied significantly throughout U.S. history. While some presidents have used it frequently, others have avoided it entirely.
- Infrequent Use: Historically, it's not an everyday occurrence. For example, ten presidents from the founding of the nation up to 1886 did not use this tactic.
- Recent Absence: Notably, since the George W. Bush presidency, no president has used the pocket veto. This indicates a prolonged period without its application in recent administrations, making the 2000 instance by President Clinton a significant historical marker.
The rarity of the pocket veto in recent decades can be attributed to various factors, including changes in congressional scheduling, presidential strategies, and the preference for regular vetoes which allow for a formal statement of reasons and potential override attempts.
Significance and Rarity
The pocket veto remains a potent, albeit rarely used, tool in the President's legislative arsenal. Its power lies in its finality; by preventing a bill from being returned to Congress, it bypasses the possibility of an override vote. The last instance in 2000 underscores its strategic utility, particularly when a president wishes to block legislation without engaging in a public debate over a traditional veto.
