STITCHING THE HOLE IN THE PRESIDENTS POCKET - A LEGISLATIVE SOLUTION TO THE POCKET-VETO CONTROVERSY

After surveying the historical use of the pocket veto and analyzing Su preme Court and lower federal court precedents, the author concludes t hat the pocket veto is unavailable to the President during intrasessio n and intersession adjournments because the President retains the abil ity to return the bill to an agent of the house of origin. He argues t hat the pocket veto is only available when Congress has adjourned sine die at the end of a term. Although the federal courts have thus far a dhered to this interpretation of the Constitution's pocket-veto clause , the author seeks more permanent resolution of the controversy. The A rticle closes with a discussion of the author's proposed legislation t o codify and clarify the availability of the pocket veto.