Reading Room Document

Pocket Veto

The document discusses the issue of whether the President can use the pocket veto on bills presented to him during the upcoming recess of Congress. It highlights the uncertainty caused by a court decision in Kennedy v. Sampson, which held that the President could not pocket veto a bill during a recess if Congress made arrangements for receiving messages. The document presents legal arguments against the decision and recommends conducting another pocket veto and court test to clarify the validity of the pocket veto. The conclusion reached is that the decision in Kennedy v. Sampson creates uncertainty, and further action is needed to establish the availability of the pocket veto. The document raises questions about the implications of the court decision, the need for a test case, and the potential impact on the validity of the pocket veto in the future.

October 10, 1974