The Ashley River Railroad was a shortline railroad that served the South Carolina Lowcountry region in the late 19th century.
31-608: The Ashley River Railroad was incorporated by the South Carolina General Assembly in 1875 and, according to an article in the New York Times in late December 1877, the line opened on December 27, 1877, and was the final link in the coast line of railways from New York City to Jacksonville, Florida . A new bridge over the Ashley River replaced a ferry, according to the article. In 1901,
62-457: A "pocket veto" occurs and the bill does not become law. Congress can adjourn and designate an agent to receive veto messages and other communications so that a pocket veto cannot happen, an action Congresses have routinely taken for decades. If a bill is pocket vetoed while Congress is out of session, the only way for Congress to circumvent the pocket veto is to reintroduce the legislation as a new bill, pass it through both chambers, and present it to
93-563: A bill by taking no action ("keeping it in their pocket" ), thus effectively killing the bill without affirmatively vetoing it. This depends on the laws of each country; the common alternative is that if the president takes no action a bill automatically becomes law. Similar to India [see India below], section 58 of the Constitution of Barbados , as amended by the Constitution Amendment Act 2021 (which transitioned
124-621: A bill from a committee, which led to subsequent reforms. After nearly a century of pocket vetoes, the Indiana Supreme Court ruled pocket vetoes unconstitutional in 1969. Governor Edgar Whitcomb requested that the General Assembly pass an act repealing all laws that were enacted because of the Supreme Court decision, some of which were nearly a century old. The assembly complied with the request and passed
155-541: A blanket repeal. Because a pocket veto cannot be overridden, it is sometimes used to describe situations where either one person, or a small group, can override the will of a much larger group without consequence. For example, when the California Supreme Court was answering the certified question of intervenor standing in the case of Perry v. Brown (known as the Proposition 8 case), one of
186-561: A committee to "kill" a bill, sometimes without even a public vote; in Colorado, the power was notably repealed in a citizen initiative constitutional amendment in 1988 driven by various reform groups. When a committee refuses to vote a bill out of committee, a discharge petition can be passed by the broader membership. The specifics vary from state to state; for example, in 2004, a report found that New York State places more restrictions than any other state legislature on motions to discharge
217-754: A result, the legislature still devotes considerable time to local matters, and county legislative delegations still handle many matters that are handled by county governments in the rest of the country. There are 124 members of the South Carolina House of Representatives, who are elected every two years, and the South Carolina Senate has 46 members, elected every four years concurrent to the presidential election. For both houses, there are no term limits . The General Assembly meets in joint session to elect judges, with all 170 members having an equal vote in such elections. The main role of
248-657: Is bicameral and consists of the lower South Carolina House of Representatives and the upper South Carolina Senate . All together, the General Assembly consists of 170 members. The legislature convenes at the State House in Columbia . Prior to the 1964 federal Reynolds v. Sims decision by the U.S. Supreme Court , each county doubled as a legislative district, with each county electing one senator and at least one representative. Moreover, each county's General Assembly delegation also doubled as its county council , as
279-634: Is no longer in session. Article 1, Section 7 of the U.S. Constitution 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. The Constitution limits the president's period for decision on whether to sign or return any legislation to ten days (not including Sundays) while
310-555: Is out of session – in this case it's our view that bill then would not become law." Louis Fisher, a constitutional scholar at the Library of Congress indicated: "The administration would be on weak grounds in court because they would be insisting on what the Framers decidedly rejected: an absolute veto." By "absolute veto" Fisher was referring to the fact that a bill that has been pocket vetoed cannot have its veto overridden. Instead,
341-501: Is still in service and it is now part of CSX's A Line ( Charleston Subdivision ). This United States rail–related article is a stub . You can help Misplaced Pages by expanding it . South Carolina General Assembly Minority Minority The South Carolina General Assembly , also called the South Carolina Legislature , is the state legislature of the U.S. state of South Carolina . The legislature
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#1732782346274372-480: The United States Congress is in session. A return veto happens when the president sends a bill, along with their objections, back to the house of Congress from which it originated. Congress can override the veto by a two-thirds vote of both chambers, whereupon the bill becomes law. If Congress prevents the bill's return by adjourning during the 10-day period, and the president does not sign the bill,
403-615: The adjournment sine die of Congress at the end of the second session of the two-year congressional term, while others interpreted it to allow intersession and intrasession pocket vetoes. In 1929, the United States Supreme Court ruled in the Pocket Veto Case that a bill had to be returned to the chamber while it is in session and capable of work. While upholding President Calvin Coolidge 's pocket veto,
434-514: The state constitution made no provision for local government. The " one man, one vote " provision of Reynolds v. Sims caused district lines to cross county lines, causing legislators to be on multiple county councils. This led to the passage of the Home Rule Act of 1975, which created county councils that were independent of the General Assembly. However, the General Assembly still retains considerable authority over local government. As
465-909: The Ashley River Railroad was consolidated, along with the Green Pond, Walterboro and Branchville Railroad ; the Abbeville Southern Railway ; and Southern Alabama Railroad , into the Savannah, Florida and Western Railway (Plant System). The Plant System was sold to the Atlantic Coast Line Railroad in 1902. The Ashley River Railroad would become part of the Atlantic Coast Line's main line (which extended in its entirety from Richmond, Virginia to Tampa, Florida ). In 1967,
496-848: The Atlantic Coast Line merged with its rival, the Seaboard Air Line Railroad . The merged company was named the Seaboard Coast Line Railroad . In 1980, the Seaboard Coast Line's parent company merged with the Chessie System , creating the CSX Corporation . The CSX Corporation initially operated the Chessie and Seaboard Systems separately until 1986, when they were merged into CSX Transportation . The Ashley River Railroad
527-614: The Constitution "does not define what shall constitute a return of a bill or deny the use of appropriate agencies in effecting the return". A three-day recess of the Senate was considered a short enough time that the Senate could still act with "reasonable promptitude" on the veto. However, a five-month adjournment would be a long enough period to enable a pocket veto. Within those constraints, there still exists some ambiguity. Presidents have been reluctant to pursue disputed pocket vetoes to
558-513: The House and the Senate. If the president had chosen to veto the bill, he would have been required to return it to the chamber in which it originated, in this case the House of Representatives. The House then could have voted to override the veto, and the Senate could have done likewise. If each house had voted to override the veto, then the bill would have become law. Then-House Speaker Nancy Pelosi stated: "Congress vigorously rejects any claim that
589-461: The President again for signature. James Madison became the first president to use the pocket veto in 1812. Of presidents throughout United States history, Franklin D. Roosevelt had an outstanding number of pocket vetoes, more than anyone before or after him. During his presidency from 1933 to 1945 Roosevelt had vetoed 635 bills, 263 of which were pocket vetoes. All presidents after him until George W. Bush had pocket vetoes while they were in office;
620-484: The President of India from 1982 until 1987, exercised a pocket veto to prevent the Indian Post Office (Amendment) Bill from becoming law. Normally if a president does not sign a bill, it becomes law after ten days as if he had signed it. A pocket veto occurs when a bill fails to become law because the president does not sign it within the ten-day period and cannot return the bill to Congress because Congress
651-544: The President returns the bill, and Parliament passes it once again, with or without any amendments, the President cannot withhold his assent. However, the Indian Constitution does not give a specific time frame for presidential action on a bill sent by the Parliament. Thus, by indefinitely postponing action on a bill, and not sending it back to Parliament, the president effectively vetoes it. Zail Singh ,
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#1732782346274682-506: The President's objection, which subsequently became law. This was not the first time that a president has attempted to pocket veto a bill despite the presence of agents to receive his veto message. Both George H. W. Bush and Bill Clinton made similar attempts, and Abraham Lincoln used it against the Wade–Davis Bill in 1864. Across the country, pocket veto powers are not uncommon in committees of state legislatures , which allows
713-504: The South Carolina General Assembly is to pass laws "as the common good may require." In order for a bill to become law, both the Senate and House of Representatives must vote to pass the bill by a simple majority. Then the bill must be sent to the governor. If the governor vetoes the bill, both houses can either sustain the veto or override the veto. Veto overrides require a two-thirds majority. Once he receives
744-538: The Supreme Court for fear of an adverse ruling that would serve as a precedent in future cases. In December 2007, President George W. Bush claimed that he had pocket vetoed H.R. 1585 , the National Defense Authorization Act for Fiscal Year 2008 , even though the House of Representatives had designated agents to receive presidential messages before adjourning. The bill had been previously passed by veto-proof majorities in both
775-588: The bill must be reintroduced into both houses of Congress, and again passed by both houses, an effort which can be very difficult to achieve. In the end, the House of Representatives did not attempt to override the veto. Instead, in January 2008, the House effectively killed H.R. 1585 by referring the pocket veto message to the Armed Services Committee and passing H.R. 4986 , a bill nearly identical to H.R. 1585 but slightly modified to meet
806-530: The bill, if the governor neither signs nor vetoes the bill, it becomes law after five days, Sundays excluded. According to the South Carolina Constitution, no person may serve as a senator who: According to the South Carolina Constitution, no person may serve as a representative who: Pocket veto A pocket veto is a legislative maneuver that allows a president or other official with veto power to exercise that power over
837-628: The country from a Commonwealth realm to a parliamentary republic with its own head of state) states that the President shall declare his assent to a bill passed by Parliament or withhold his assent. However, much like in India, the Barbadian Constitution does not give a specific time frame for presidential action on a bill sent by the Parliament. Thus, by indefinitely postponing action on a bill, and not sending it back to Parliament,
868-461: The court said that the "determinative question is not whether it is a final adjournment of Congress or an interim adjournment but whether it is one that 'prevents' the President from returning the bill". In 1938, the Supreme Court reversed itself in part in Wright v. United States , ruling that Congress could designate agents on its behalf to receive veto messages when it was not in session, saying that
899-464: The most after Roosevelt was Dwight D. Eisenhower who had 108. Since the George W. Bush presidency, no president has used the pocket veto. Ten presidents from founding to 1886 did not use this tactic. Courts have never fully clarified when an adjournment by Congress would "prevent" the president from returning a vetoed bill. Some presidents have interpreted the Constitution to restrict the pocket veto to
930-474: The president could effectively veto it. The President of Finland has the power to pocket-veto bills passed by the parliament ; however, such vetoes are temporary in effect. Article 111 of the Indian constitution states that the President shall declare his assent to a bill passed by both houses of Parliament or withhold his assent, provided that may he return the bill to Parliament for reconsideration. If
961-402: The president has the authority to pocket veto this legislation and will treat any bill returned to the Congress as open to an override vote." On January 1, 2008, Deputy Assistant to the President and White House Deputy Press Secretary Scott Stanzel stated: "A pocket veto, as you know, is essentially putting it in your pocket and not taking any action whatsoever. And when Congress – the House