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

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outlines

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procedure by which bills originating in

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become

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in the

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Text

The Presentment Clause, which is contained in

Article I Article One may refer to: Legal codes * Article One of the United States Constitution, pertaining to the powers of the United States Congress * Article One of the Constitution of India, pertaining to the federal nature of the republic Other us ...

, 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 Convention (norm), norm or ...

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

Veto issues

Line-item veto

The

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decision in '' Clinton v. City of New York'', 524 U.S. 417 (1998), struck down as

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the

Line Item Veto Act of 1996 The Line Item Veto Act was a federal law of the United States that granted the President the power to line-item veto budget bills passed by Congress, but its effect was brief as the act was soon ruled unconstitutional by the Supreme Court in '' ...

, 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 different ...

violated the Presentment Clause.

Legislative veto

The Supreme Court also found the

legislative veto The legislative veto describes features of at least two different forms of government, monarchies and those based on the separation of powers, applied to the authority of the monarch in the first and to the authority of the legislature in the sec ...

unconstitutional in '' Immigration and Naturalization Service v. Chadha'', 462 U.S. 919 (1983), as violating the Presentment Clause and

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

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 ''Church of the Holy Trinity v. United States'', 143 U.S. 457 (1892), was a decision of the Supreme Court of the United States regarding an employment contract between The Church of the Holy Trinity, New York and an English (Anglican) priest. 1 ...

'', 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 differ ...

proposing a constitutional amendment be presented to the president for approval or veto before it goes out to the states. In ''

Hollingsworth v. Virginia ''Hollingsworth v. Virginia'', 3 U.S. (3 Dall.) 378 (1798), was a case in which the United States Supreme Court ruled early in America's history that the President of the United States has no formal role in the process of amending the United States ...

'', 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. The ...

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 i ...

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