Congress uses pro forma sessions to pass bills without a presidential signature
Two bills - a major housing reform and a farmer disaster-relief measure - became law this summer under the Constitution’s 10-day rule while Congress held pro forma sessions, avoiding a formal signature from Donald Trump.
As the midterm campaign intensified, Congress shifted to near-daily pro forma sessions, a procedural tactic that keeps the chambers technically in session while conducting little business. This enabled a sweeping housing reform and a disaster-relief package for farmers to become law under the Constitution’s 10-day rule, which activates when the president does not sign a bill and Congress has not adjourned. Donald Trump declined to sign both measures, reportedly to leverage political concessions from fellow GOP lawmakers and to deny them the optics of a high-profile signing event.
Scholars note that the strategy curtails the president’s ability to employ a pocket veto or make recess appointments, a practice dating back to the George W. Bush era and earlier. Historical data show the 10-day rule has been used rarely in recent decades, with only nine bills passing this way in the past half-century. Analysts warn that continued pro forma sessions could make such unsigned enactments more common, especially during lame-duck periods after the midterms.
Why it matters
It shows how Congress can sidestep presidential opposition, reshaping the balance of power between the legislature and the executive.
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