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Pocket Veto Case
Seal of the United States Supreme Court.svg
Argued March 11, 1929
Decided May 27, 1929
Full case name Okanogan, Methow, San Poelis, Nespelem, Colville, and Lake Indian Tribes v. US
Citations 279 U.S. 655 (more)
49 S. Ct. 463; 73 L. Ed. 894
Prior history United States Court of Claims found petitioner's suit to be without legal foundation.
Holding
The pocket veto used by President Coolidge was constitutional and valid; the pocket veto was upheld.
Court membership
Case opinions
Majority Sanford, joined by unanimous
Laws applied
Article One of the United States Constitution

The Pocket Veto Case was an important decision made by the U.S. Supreme Court in 1929. This case helped explain a part of the U.S. Constitution that talks about how a president can stop a bill from becoming a law, even without officially saying "no." This special way of stopping a bill is called a pocket veto.

Background of the Case

What is a Pocket Veto?

The U.S. Constitution has rules about how a bill becomes a law. One rule says that after Congress passes a bill, it goes to the President. The President can sign it, and it becomes law. Or, the President can veto it, meaning they say "no," and send it back to Congress.

But there's another way. If the President doesn't sign or veto a bill within ten days (not counting Sundays), it usually becomes a law automatically. However, there's a special situation. If Congress stops meeting (this is called "adjournment") before those ten days are up, and the President hasn't signed the bill, then the bill does not become a law. This is the "pocket veto." Presidents have used this power since James Madison was president.

The Story Behind the Case

In 1926, the U.S. Congress passed a bill called Senate Bill 3185. This bill would have allowed Native American tribes in Washington State to sue the government. They wanted to sue for money because they had lost their tribal lands.

The bill was sent to President Calvin Coolidge on June 24, 1926. He had to decide whether to sign it or veto it. Congress then stopped meeting for the summer on July 3. This break was an "adjournment."

By July 6, which was the tenth day after the bill was sent to the President, he had not signed it. He also had not officially vetoed it. Because Congress had adjourned, the bill did not become a law. This was a pocket veto.

Why the Tribes Sued

Several Native American tribes, including the Okanogan, Methow, Sanpoil, Nespelem, Colville, and Lake Indian Tribes, were affected. They believed the bill should have become law. So, they filed a lawsuit against the United States government.

Their case first went to the United States Court of Claims. This court decided that the tribes' lawsuit had no legal basis. The tribes then asked the Supreme Court to hear their case, and the Supreme Court agreed.

U.S. Attorney General William D. Mitchell argued for the United States. He said that the pocket veto was a long-standing practice. He also said it had been used many times to decide important laws. The Supreme Court heard the arguments on March 11, 1929. They made their decision on May 27, 1929.

The main question in this case was about the word "adjournment" in the Constitution. What exactly did it mean for Congress to "adjourn"?

The Supreme Court's Decision

Understanding the Ruling

The Supreme Court made a decision that was unanimous, meaning all nine justices agreed. Justice Edward Terry Sanford wrote the decision for the Court. They upheld the lower court's ruling, which meant the pocket veto used by President Coolidge was valid.

The Court decided that "adjournment" should be understood in a broad way. It meant any time Congress stopped its law-making activities. This included breaks like the summer recess. So, if the President didn't sign a bill during such a break, and the ten days passed, it was a valid pocket veto.

The Court looked at the issue of pocket vetoes again later in the case of Wright v. United States, 302 U.S. 583 (1938).

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