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So how did Bush do a pocket veto when Congress was in session?

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Ravy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:26 AM
Original message
So how did Bush do a pocket veto when Congress was in session?
http://www.govtrack.us/congress/bill.xpd?bill=h110-1585

U.S. Constitution Article 1, Section 7 states:

"... 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 prevent its Return, in which Case it shall not be a Law. "

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LynnTheDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:28 AM
Response to Original message
1. The Decider has Decided when Congress is in session is his Decision.
And to Decide against The Decider is treason, ya know.
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hack89 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:29 AM
Response to Original message
2. The bill came from the House
Edited on Mon Dec-31-07 10:29 AM by hack89
and the House, I believe, is not in session - just the Senate. If the House is not in session then the bill cannot be returned. Don't know all the details but I suspect that it is not a clear cut issue.
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:35 AM
Response to Reply #2
6. Not really
Congress must be in session, and whether the House is or not, since the Senate is, Congress is in session.
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hack89 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:47 AM
Response to Reply #6
10. You and I can believe what we want
it is what the vast body of Constitutional law says that matters. I don't know the true answer, I just suspect that it is more complicated than most here are willing to accept.
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Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 01:10 PM
Response to Reply #10
17. And how do you suppose Bush*'s Extreme Court will rule?
While Bush* or any Republican for that matter is acting as pResident they will get their way with this Congress we currently have.
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hack89 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 03:05 PM
Response to Reply #17
18. Beats me nt
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:48 AM
Response to Reply #6
11. DING DING DING! Bitwit1234, you're our grand prize winner!
Edited on Mon Dec-31-07 10:49 AM by rocknation
(W)hether the House is or not, since the Senate is, Congress is in session.
Congress is MADE UP of the Senate and House of Representatives. When NEITHER of them is not in session, only then is Congress not in session.

:patriot:
rocknation
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hack89 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:52 AM
Response to Reply #11
14. The bill has to go to the House
the House is not is session.

If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it.
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 09:37 PM
Response to Reply #14
19. He can't return it to the House if it's not in session. He either has to sign it or return it.
Talk about fixing the facts to fit the policy.

:headbang:
rocknation
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hack89 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-01-08 01:41 AM
Response to Reply #19
20. Or he pocket vetos it
which is what he can do if the house is not in session
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hack89 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:51 AM
Response to Reply #6
13. I don't think so
Art 1, Section 7 of the Constitution:

If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it.
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Aviation Pro Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:30 AM
Response to Original message
3. Illegally, of course....
...he must have some towering minds giving him legal counsel. Ah, well, one more charge to be filed against the little motherfucker when he gets tossed out of the White House.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:39 AM
Response to Reply #3
8. Since when did the fuckwad become concerned with legalities?
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:32 AM
Response to Original message
4. Here's the kicker: Will Congress agree there has been an effective and legal
veto or will it pronounce the bill as enacted law and ask for it to be recorded into the U.S.C.A.?
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Ravy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:34 AM
Response to Reply #4
5. Maybe they will show some fight on this.
One can always hope.

I haven't seen much of an uproar about it. The gov site said the pocket veto went into effect on Dec 28th, but the article I saw about it (and there are very few articles) said mignight tonight.

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tularetom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:39 AM
Response to Original message
7. It's like that tree that falls in the forest
If nobody objects to the douchebag's veto, it ain't illegal.
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-01-08 01:52 AM
Response to Reply #7
21. Just like Nixon, if the president does it, it is legal.
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:44 AM
Response to Original message
9. Everything you would ever want to know about this issue: here
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Geoff R. Casavant Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 12:57 PM
Response to Reply #9
16. Thanks for this link!
Fascinating reading and excellent scholarship.
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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:49 AM
Response to Original message
12. You might want to read one of his 800 signing statements. There's probably one for this.
Edited on Mon Dec-31-07 10:49 AM by in_cog_ni_to
The decider does whatever he wants to do. The CONSTITUTION is "Nothing but a G-d damn piece of paper." Remember?
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old guy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 11:01 AM
Response to Original message
15. If * is allowed to do this,
I see no reason for any of them to come back from holiday as they will have proved to us to be worthless. This is a slap in the face to all the people and should not be left to stand. Just saying.
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-01-08 01:57 AM
Response to Original message
22. Who is going to stop him?
I mean, seriously?
Are they going to send a strongly worded letter?
Until Congress asserts itself as an EQUAL branch of government, then Bush will continue to treat them as unequal.
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