As appear from the constittutional provision which has been quoted, a measure, if not returned to Congress within ten days, Sundays excepted, becomes a law without the President's signature. If, however, Congress adjourns before the expiration of the ten days, the measure does not become a law and this is known as a pocket veto. The question has, however, been several times raised whether the President may not, if he desires the bill to become a law, sign after the adjournment of Congress.

8 See art. bv Jas. D. Barnett. "The Executive Control of the Legislature." Am. Law Rev., XLI, 384.

In 1824 President Monroe by inadvertence failed to sign a bill before the adjournment of Congress and the question was discussed by his Cabinet as to his right to sign, notwithstanding the adjournment. Some difference of opinion being manifested, the President decided not to sign.

In 1863 President Lincoln signed a bill eight days after Congress had adjourned. At the next session of Congress the Judiciary Committee of the House, having been instructed to consider the constitutionality of this, unanimously reported that the bill was not a law. No action was taken by the House upon this report, but later substantially the same measure was re-enacted by Congress and signed by the President. The committee, in its report referred to, said: "The ten days' limitation ... refers to the time during which Congress remains in session, and has no application after adjournment. Hence if the Executive can hold a bill ten days after adjournment and then approve it, he can as well hold it ten months before approval. This would render the laws of the country uncertain and could not have been intended by the framers of the Constitution. The spirit of the Constitution evidently requires the performance of every act necessary to the enactment and approval of laws to be perfect before the adjournment of Congress."9

9 In United States v. Weil (29 Ct. of Cl. 523) the Court of Claims held that the Supreme Court had impliedly upheld the earlier act, signed after adjournment, by passing upon claims arising under it. However, it is to be observed that the act was valid upon its face, and the point as to the date of its signature was not raised, and the court was not Obliged to take judicial cognizance of it.

Professor Barnett in an article in the Am. Law Rev., XLI, 230, entitled "The Executive Control of the Legislature," and Mr. Renick in an article in the same journal, XXXII, 208, entitled " The Power of the President to Sign Bills after the Adjournment of Congress," give a full discussion of this