President Obama has chosen to “pocket veto” H.R. 3808, the “Interstate Recognition of Notarizations Act.”
The bill would have helped notaries who work across state lines and make it easier for companies to seize properties. The bill allows for notary seals to be done electronically.
Robert Gibbs, White House spokesman said on Thursday, Oct. 7, 2010: “Our concern is the unintended consequences on consumer protections, particularly in light of the home foreclosure issue and developments with mortgage processors,” Gibbs said.
“So the President is exercising a pocket veto, sending that legislation back to Congress to iron out some of those unintended consequences,” he continued.
Arguments say the bill would make it harder for homeowners to fight foreclosures filed in another state. In light of the recent rash of fraudulent foreclosures, President Obama fears that the bill would worsen the flawed or fraudulent documents. Yahoo News
What is a “Pocket Veto”?
The 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.”
If Congress is adjourned within those 10 days, the bill dies. There were many pocket vetoes that were challenged, and this newest pocket veto may also be challenged.
Famous Presidential Pocket Vetoes
The first use of the pocket veto was in 1812 by President James Madison. The president utilized the pocket veto twice. On July 6, 1812, H.R. 170 was pocket vetoed. This bill pertained to the subject of a uniform rule of naturalization. H.R.106 was pocket vetoed by President Madison on April 30, 1816. The bill was to provide for free importation of stereotype plates and encourage the printing and gratuitous distribution of the Scriptures by the Bible societies within the United States.
In 1832, Andrew Jackson pocket vetoed a bill for the rechartering of the National Bank.
Abraham Lincoln utilized the pocket veto five times during his presidency. The most famous of his pocket vetoes was the Wade-Davis bill in 1964. Republicans passed the Wade-Davis Bill to counter Lincoln’s Ten-Percent Plan. The bill allowed a southern state to rejoin the Union only if 50 percent of its registered voters swore allegiance to the United States.
President Clinton invoked the pocket veto several times. Clinton pocket vetoed H.R.2415, which was a bankruptcy reform bill. On August 5, 2000, President Clinton also pocket vetoed the Marriage Tax Relief Reconciliation Act of 2000. On August 31, he pocket vetoed the Death Tax Elimination, and on Nov. 4, he vetoed the intelligence authorization bill (H.R.4392).
President George W. Bush in December 2007 attempted a “pocket veto” for H.R. 1585, the “National Defense Authorization Act for Fiscal Year 2008.”
In December 2009, President Barack Obama first exercised the “Pocket Veto” against H.J.Res. 64.
H.R. 3326, the Department of Defense Appropriations Act, was then made law on Dec. 19, 2009, which made H.J.Res. 64 unnecessary.