Run time: 03:00
https://www.youtube.com/watch?v=mEJL2Uuv-oQ
Posted on YouTube: October 03, 2006
By YouTube Member: Necrovir
Views on YouTube: 2256216
Posted on DU: November 01, 2006
By DU Member: helderheid
Views on DU: 4718 |
Military Commission Act - WAS NOT LAWFULLY PASSED - Pocket Veto Nullified It
President’s Inaction May Equal Pocket Veto
By brad
UPDATE: H.R. 6166: Military Commissions Act of 2006
Military Commission Act Not Lawfully Passed
President’s Inaction Equals ‘Pocket Veto’
by Pat Shannan
“The Military Commission Act is not law!” the man barked. “The ‘pocket veto’ clause of the constitution has already nullified it.”
Here is what the law says and what happens when a sitting president sticks a bill passed by congress into his pocket instead of signing it and sending it back:
-A Pocket Veto occurs when the President fails to sign a bill within the 10 days allowed by the Constitution.
-Congress must be in adjournment in order for a pocket veto to take effect.
-If Congress is in session and the president fails to sign the bill, it becomes law without his signature.
Now to the current specifics.
From the U.S. Constitution Article 1, Section 7: “…If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevents its Return, in which Case it shall not be a Law.”
Since Congress cannot vote while in adjournment, a pocket veto cannot be overridden. A pocket veto is a legislative maneuver in American federal lawmaking. The U.S. Constitution requires the President to sign or veto any legislation placed on his desk within ten days (not including Sundays). If he does not, then it becomes law by default.
The one exception to this rule is if Congress adjourns before the ten days are up. In such a case, the bill does not become law; it is effectively, if not actually, vetoed. Ignoring legislation, or “putting a bill in one’s pocket” until Congress adjourns is thus called a pocket veto.Congress passed 6166 on September 29th, presented it to the President on October 10th, and adjourned on October 13th. Bush signed it on October 17th, the week after Congress had adjourned, thereby rendering it “vetoed” by constitutional standards.
much more at:
http://electbarnhill.com/2006/10/24/presidents-inaction-may-equal-pocket-vetohttp://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2542818&mesg_id=2542818