The Presentment Clause (Article I, Section 7, Clauses 2 and 3) of the

United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

outlines federal

legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

procedure by which bills originating in

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

become

federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many ...

in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

Text

The Presentment Clause, which is contained in Article I, Section 7, Clauses 2 and 3, provides:

Summary

* A bill must be passed in identical form by both the House of Representatives and the Senate. It is common practice for each House to pass its own version of a bill, and then to refer the two versions to a

conference committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...

, which resolves disagreements between the two versions, and drafts a compromise bill; the compromise bill can then be voted upon and passed by both Houses in identical form. * After a bill passes both Houses, it must be presented to the President for his approval. ** If the President approves the bill and signs it, then the bill becomes law. ** If the President disapproves the bill and

veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...

es it, then he must return the bill, along with a veto message (his objections), back to the House in which the bill was created. *** A two-thirds majority of both Houses may override the veto, and the bill will become law without the President's signature. In overriding a veto, the votes of both houses must be done by yeas and nays, and the names of the persons voting for and against the bill must be recorded. ** If, while the Congress is in session, the President does not sign a bill or veto it within 10 days (not counting Sundays) after its presentment, then it automatically becomes law. If a bill is presented on a Monday or Tuesday, the President has 11 real days; otherwise he has 12. ** If, while Congress is not in session (adjourned), the President does not sign a bill or veto it within 10 days (not counting Sundays) after its presentment, then it fails to become law. This "

pocket veto A pocket veto is a legislative maneuver that allows a president or other official with veto power to exercise that power over a bill by taking no action (keeping it in their pocket), thus effectively killing the bill without affirmatively vetoing i ...

"—so called because the President is then said to have put the bill in his pocket and forgotten about it—cannot be overridden by Congress, but once Congress reconvenes it can pass the same bill again. In addition, Congressional ''"

pro forma The term ''pro forma'' (Latin for "as a matter of form" or "for the sake of form") is most often used to describe a practice or document that is provided as a courtesy or satisfies minimum requirements, conforms to a norm or doctrine, tends to ...

"'' sessions may be used to prevent pocket vetoes.

Veto issues

Line-item veto

The

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

decision in ''

Clinton v. City of New York ''Clinton v. City of New York'', 524 U.S. 417 (1998), was a landmark decision by the Supreme Court of the United States in which the Court held, 6–3, that the line-item veto, as granted in the Line Item Veto Act of 1996, violated the Presentment ...

'', 524 U.S. 417 (1998), struck down as

unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...

the Line Item Veto Act of 1996, holding that the

line-item veto The line-item veto, also called the partial veto, is a special form of veto power that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill. Many countries have differen ...

violated the Presentment Clause.

Legislative veto

The Supreme Court also found the legislative veto unconstitutional in ''

Immigration and Naturalization Service v. Chadha ''Immigration and Naturalization Service v. Chadha'', 462 U.S. 919 (1983), was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers. Background Section 244(a)(1) ...

'', 462 U.S. 919 (1983), as violating the Presentment Clause and

bicameralism Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...

Exclusion of Sundays

The ten-day period for the presidential review of legislation excludes Sundays. Some scholars believe this exclusion was not for religious reasons, but intended to support a deliberative process in which the President would consult and seek advice regarding the merits of the proposed law. For instance, Jaynie Randall has stated that because the

blue law Blue laws, also known as Sunday laws, Sunday trade laws and Sunday closing laws, are laws restricting or banning certain activities on specified days, usually Sundays in the western world. The laws were adopted originally for religious reasons ...

s of various states restricted travel on Sundays, to allow a full ten days of consideration between the President and his advisors, the drafters of the Constitution excluded Sundays from the review period. However, Justice Brewer, speaking for a unanimous Supreme Court in '' Church of the Holy Trinity v. United States'', 143 U.S. 457 (1892), cited the Presentment Clause as a clear example of why "no purpose of action against religion can be imputed to any legislation, state or national, because this is a religious people." Specifically, the Court stated:

Constitutional amendments

Article Five of the Constitution, which prescribes the process whereby the Constitution may be altered, contains no requirement that a

joint resolution In the United States Congress, a joint resolution is a legislative measure that requires passage by the Senate and the House of Representatives and is presented to the President for their approval or disapproval. Generally, there is no legal diff ...

proposing a constitutional amendment be presented to the president for approval or veto before it goes out to the states. In '' Hollingsworth v. Virginia'', 3 U.S. (3 Dall.) 378 (1798), the Supreme Court affirmed that doing so is not necessary. Consequently, the president has no official function in the process.

National Archives

provides that whenever a bill becomes law or takes effect, it will be received by the

Archivist of the United States The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA) of the United States. The Archivist is responsible for the supervision and direction of the National Archives. Th ...

from the President. This allows the

National Archives and Records Administration The National Archives and Records Administration (NARA) is an " independent federal agency of the United States government within the executive branch", charged with the preservation and documentation of government and historical records. It ...

to maintain records of and publish the enacted laws.

References

U.S. Senate: Constitution of the United States
{{USArticleI Clauses of the United States Constitution Article One of the United States Constitution