Misplaced Pages

#847152

43-642: The Nebraska Palladium and Platte Valley Advocate , also known simply as the Nebraska Palladium , was the first newspaper published in the Nebraska Territory . Over the course of its publication from 1854 to 1855, it sought to make Bellevue, Nebraska , the territorial capital. The full name of the paper was the Nebraska Palladium and Platte Valley Advocate ; its name came from the palladium in classical antiquity, in which

86-504: A xoanon of Athena was said to protect Troy . After Daniel E. Reed and his wife moved to the territory from New England , they and journalist Thomas Morton founded and published the paper in Bellevue, Nebraska , in 1854. It was the first newspaper published in the Nebraska Territory , though some of its earliest issues were printed in St. Mary, Iowa . The publication of the first issue was

129-492: 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 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

172-621: 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

215-662: A bill sent by the Parliament. Thus, by indefinitely postponing action on a bill, and not sending it back to Parliament, 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

258-541: 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

301-528: A clause in this constitution that limited suffrage to "free white males" delayed Nebraska's entry into the Union for almost a year. The 1866 enabling act for the state was subject to a pocket veto by Democratic Party / War Democrat and new 17th President Andrew Johnson 1808-1875, served 1865-1869), When the Congress reconvened in 1867, it passed another bill to create the new 37th state of Nebraska , on

344-561: 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

387-463: A momentous occasion for Nebraska politicians: Thomas B. Cuming , who was acting as the territorial governor, worked on the first proof sheet, and Fenner Ferguson , the chief justice of the territory's supreme court , was its reader. Reed declared that the event "may seem unimportant now" but "will form an epoch in history, which will be remembered ages after those present on this interesting occasion, are no more". The paper published poetry, reports on

430-555: 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,

473-691: 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 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;

SECTION 10

#1732787441848

516-693: The Constitution of Barbados , as amended by the Constitution Amendment Act 2021 (which transitioned 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

559-407: The Nebraska Palladium blamed Johnson for its selection. The editors at the Nebraska Palladium printed a fake letter from Joseph Smith , the founder of Mormonism, to Johnson: The letter contained congratulations to Johnson for exercising "deceit in flattery", suggested that Johnson "let no lies stay you (I have no fears)", and announced that Omaha was a suitable city. Its readership extended from

602-615: 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,

645-614: 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

688-750: The Continental Divide. These portions had not been part of the Louisiana Purchase; rather, they had been part of Oregon Country and became part of the United States in 1846. On March 3, 1863, the Idaho Territory was formed of all the territory west of 104°03′ W (27° W of Washington, D.C.). 41°00′N 110°03′W  /  41.000°N 110.050°W  / 41.000; -110.050 Pocket veto Similar to India [see India below], section 58 of

731-513: 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

774-473: The Nebraska Territory included Fort Kearny near present-day Kearney; Fort McPherson near present-day Maxwell ; Fort Mitchell near present-day Scottsbluff ; Fort Randall , in what is now South Dakota; and Fort Caspar , Fort Halleck , Fort Laramie , and Fort Sanders , in what is now Wyoming. The Nebraska Territory's original boundaries (as specified by its Organic Act ) included much of

817-426: The Nebraska Territory into Iowa, and it frequently received letters from Iowan readers. The final issue of the paper was published on April 11, 1855. In its final issue, it identified two main causes for its collapse: That there was not sufficient "town pride" to cover the costs of printing the paper, and separately, that it could not find advertisers to support the paper financially. They hoped to begin publication of

860-506: 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

903-538: 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

SECTION 20

#1732787441848

946-417: The area for further settlement . In 1854, one of the first was the Nebraska Palladium (and Platte Valley Advocate ). was the first newspaper to be printed / published in the territory; however, it would last less than a year. These territorial newspapers were efficient but rough and many of the papers folded under quickly changed owners, financial stability or consolidated with other publications. By 1860,

989-427: 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, 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

1032-588: 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

1075-404: The bill to Congress because Congress 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

1118-479: The bill to Parliament for reconsideration. If 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,

1161-401: The condition that Nebraska's new proposed first state constitution be amended to remove the suffrage clause. This bill was also vetoed by President Johnson. The then dominant Republican Party -controlled by Radical Republicans in the Congress, then overrode his veto, with the required two-thirds super majority.. Several trading posts, forts and towns were established in the previous area of

1204-461: 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

1247-724: The east across the Great Plains to the far western Rocky Mountains . That status endured for 33 years from 1821 to the establishment of new official federal territories for Kansas Territory and the one further north in the Nebraska lands, both in 1854. From the early 19th century through 1867, including Fontenelle's Post founded in the present-day site of Bellevue in 1806. It was first mentioned in fur trading records in 1823. Fort Lisa , founded by Manuel Lisa (1772-1820), (near present-day Dodge Park in North Omaha ),

1290-405: The growing Nebraska Territory had twelve weekly publications, one biweekly and one monthly, with a combined circulation of 9,750. After statehood in 1867 the newspaper business expanded greatly. With a variety of early fur trading posts, Fort Atkinson , founded in 1819, was the location of the first military post in what became the Nebraska Territory, as well as its first school. Other posts in

1333-464: 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

Nebraska Palladium - Misplaced Pages Continue

1376-591: The musical life of Nebraska, and it had a distinctive political perspective: It advocated for Bellevue to become the territorial capital over Omaha . It rivaled the Arrow , edited by Joseph E. Johnson , a Mormon , who sought to increase settlement in Omaha and make it the capital. After Johnson's Arrow collapsed, he created the Bugle , which continued his agitation to mark Omaha as the capital; ultimately, he succeeded, and

1419-479: The original Louisiana Purchase of 1803, abd the organization of the subsequent Louisiana Territory (1804-1812) and the following Missouri Territory of 1812-1821 (until admission of Missouri as the xx state that year of 1821, in the southeastern corner of the former larger territory. Later decades saw the new Western lands as temporarily unorganized federal territory between the Mississippi River in

1462-415: The original Louisiana Purchase ; the territory's boundaries were: Upon creation, the territory encompassed most of the northern Great Plains , much of the upper Missouri River basin and the eastern portions of the northern Rocky Mountains . The Nebraska Territory gradually reduced in size as new territories were created in the 1860s. The Colorado Territory was formed February 28, 1861 from portions of

1505-564: The paper later, after "better auspices" had been located, but this never happened. Nebraska Territory The Territory of Nebraska was an organized incorporated territory of the United States that existed from May 30, 1854, until March 1, 1867, when the final extent of the territory was admitted to the Union as the state of Nebraska . The Nebraska Territory was created by the Kansas–Nebraska Act of 1854. The territorial capital

1548-535: The portion of present-day Nebraska between 43° N and the Keya Paha and Niobrara rivers (this land would be returned to Nebraska in 1882). The act creating the Dakota Territory also included provisions granting Nebraska small portions of Utah Territory and Washington Territory —present-day southwestern Wyoming bounded by 41° N, 110°03′ W (33° W of Washington, D.C.), 43° N, and

1591-500: The president effectively vetoes it. Zail Singh , 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

1634-402: 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

1677-475: The terrain that would become Nebraska Territory and following 37th State of Nebraska, was a weekly military journal stationed at the United States Army post of Fort Atkinson that was published for five years, from 1822 to 1827, before the fort was closed. Thirty years later the Nebraska Territory was being settled and print media appeared serving the dual purposes of sharing the news and promoting

1720-569: The territory south of 41° N and west of 102°03′ W (25° W of Washington, D.C.) (an area that includes present-day Fort Collins , Greeley and the portions of Boulder north of Baseline Road , in addition to portions of Kansas Territory , New Mexico Territory , and Utah Territory ). March 2, 1861, saw the creation of the Dakota Territory . It was made of all of the portions of Nebraska Territory north of 43° N (the present-day Nebraska– South Dakota border), along with

1763-431: The town of Bellevue was incorporated in 1853. Nearby Omaha City was founded in 1854, with Nebraska City and Kearney incorporated in 1855. The influential towns of Brownville and Fontanelle were founded that year as well. The early village of Lancaster , (later called and renamed Lincoln), was founded in 1856, along with the towns of Saratoga , South Nebraska City and Florence . The first newspaper published in

Nebraska Palladium - Misplaced Pages Continue

1806-487: Was Omaha . The territory encompassed areas of what is today Nebraska, Wyoming , South Dakota , North Dakota , Colorado , and Montana . An enabling act was passed by the Congress of the United States in 1864. Delegates for a constitutional convention were elected; this convention did not produce a constitution. Two years later, in 1866, a constitution was drafted and voted upon. It was approved by 100 votes. However,

1849-551: Was founded in 1812, although Lisa had earlier founded posts further up the upper Missouri River in future Dakota Territory ( North Dakota ) and Montana Territory ( Montana ). Fort Atkinson , was founded on the Council Bluff in 1819; in 1822 Cabanne's Trading Post was founded nearby on the Missouri River . Mormon ( The Church of Jesus Christ of Latter-day Saints ) settlers founded Cutler's Park in 1846, and

#847152