Trump Refuses to Sign Housing Bill Amid Election Reform Push

President Donald Trump has announced his refusal to sign a major housing bill passed by Congress with strong support from both parties. He has made it clear that he will not sign the bill until lawmakers agree on election reform legislation that aims to restrict voter registration. This decision has unsettled congressional Republicans and disrupted plans for the signing ceremony of the bipartisan 21st Century ROAD to Housing Act.

Trump initially supported the bill, which passed with rare overwhelming majorities in both the House and the Senate. However, he reversed his stance, aiming to push Congress to pass the SAVE America Act, which many view as a measure to disenfranchise voters under the pretense of combating fraud.

One option discussed was the potential use of a pocket veto to block the housing bill. However, this is not an option for Trump, as the Constitution outlines the process once an enrolled bill reaches the President. He has 10 days, excluding Sundays, to sign it into law, veto it, or do nothing, which would allow the bill to become law without his signature, unless Congress adjourns and prevents its return.

“Congress by their Adjournment prevents its Return,” is the condition for a pocket veto, meaning the bill dies without chance of override.

The prospect of a pocket veto has been muddled by reports citing legal questions about the timing and recesses. The Constitution and precedent clarify these issues, requiring two conditions: Congress must be adjourned, and bill return must be prevented. Congress typically designates agents to receive veto messages during recesses, a longstanding practice meeting constitutional standards.

With veto-proof majorities, an override of Trump’s veto seems probable. However, Trump’s influence over his party members might challenge that outcome. The details of veto powers may matter little to Trump but carry weight given the checks and balances intended by the Founders.

The Supreme Court in 1938 noted that the Constitution neither defines the return of a bill nor restricts the use of agents for returns. Designated agents and pro forma sessions are ordinary mechanisms utilized during recesses, ensuring the possibility of bill return.

Robert J. Spitzer, a professor emeritus of political science, highlights the Founders’ emphasis on congressional rights to reconsider vetoed bills as part of the constitutional framework.