Openai/691ac5e3-7ecc-800c-acdd-07b24f30f59f

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User: In US constitutional law, can a president pocket veto a bill that has a veto-proof number of votes?

In US constitutional law, can a president pocket veto a bill that has a veto-proof number of votes?

Assistant: Short answer: Yes.

Short answer: Yes. A president can pocket-veto a bill even if it originally passed with veto-proof majorities.

Why?

A pocket veto is fundamentally different from a regular veto:

• A regular veto returns the bill to Congress. Congress can then override with a 2/3 vote in both chambers.
• A pocket veto happens only when: 1. Congress has adjourned (or is otherwise unable to receive a returned bill), and 2. The president simply does nothing for 10 days (excluding Sundays).

If those conditions are met, the bill fails automatically, and there is no opportunity for Congress to override—even if the original vote margins were huge.

Key point

A veto-proof vote doesn’t matter unless Congress is in session and able to vote on an override. A pocket veto avoids that step altogether.

Constitutional basis

• Article I, Section 7: The president must sign or return a bill within 10 days “unless the Congress by their Adjournment prevent its Return, in which case it shall not be a Law.”

Practical limits

Congress can try to avoid pocket vetoes by:

• Staying in pro forma session,
• Arranging for agents to receive messages, but historically presidents have still attempted pocket vetoes during intersession or end-of-Congress adjournments.

If you'd like, I can also walk through major court cases (e.g., Pocket Veto Case (1929), Wright v. United States (1938)) or explain when pocket vetoes have been considered invalid.