<P> What exactly constitutes an adjournment for the purposes of the pocket veto has been unclear . In the Pocket Veto Case (1929), the Supreme Court held that "the determinative question in reference to an' adjournment' is not whether it is a final adjournment of Congress or an interim adjournment, such as an adjournment of the first session, but whether it is one that' prevents' the President from returning the bill to the House in which it originated within the time allowed ." Since neither House of Congress was in session, the President could not return the bill to one of them, thereby permitting the use of the pocket veto . In Wright v. United States (1938), however, the Court ruled that adjournments of one House only did not constitute an adjournment of Congress required for a pocket veto . In such cases, the Secretary or Clerk of the House in question was ruled competent to receive the bill . </P> <P> Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill . </P> <P> In 1996, Congress passed the Line Item Veto Act, which permitted the President, at the time of the signing of the bill, to rescind certain expenditures . The Congress could disapprove the cancellation and reinstate the funds . The President could veto the disapproval, but the Congress, by a two - thirds vote in each House, could override the veto . In the case Clinton v. City of New York, the Supreme Court found the Line Item Veto Act unconstitutional because it violated the Presentment clause . First, the procedure delegated legislative powers to the President, thereby violating the nondelegation doctrine . Second, the procedure violated the terms of Section Seven, which state, "if he approve (the bill) he shall sign it, but if not he shall return it ." Thus, the President may sign the bill, veto it, or do nothing, but he may not amend the bill and then sign it . </P> <P> Every bill, order, resolution, or vote that must be passed by both Houses, except on a question of adjournment, must be presented to the President before becoming law . However, to propose a constitutional amendment, two - thirds of both Houses may submit it to the states for the ratification, without any consideration by the President, as prescribed in Article V . </P>

Article 1 section 8 the first clause of the constitution