Line Item Veto Act: it's unconstitutional; the court rules that the statute's cancellation feature violates Article I's presentment clause
Article Abstract:
The Supreme Court decided Clinton v. New York in its 1997-98 term, thereby invalidating the Line Item Veto Act, ruling that the act violated the Constitution's procedure for enacting legislation. The case concerned the presidential cancellation of two statutory provisions permitting New York to retain certain disputed Medicaid payments and authorizing a limited tax benefit for certain transactions regarding agricultural cooperatives. The court pointed out that there is no constitutional provision allowing the president to enact, amend or repeal laws.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Censure is not allowed for presidents
Article Abstract:
A censure and perhaps fine for Pres Bill Clinton may avoid the ordeal of impeachment, but would probably be unconsstitutional. Censure and reprimand are in personam sanctions arising out of the Congressional power to punish its members for disorderly conduct. (U.S. Constitution, Art. I, Sec. 5, cl. 2). Congress's inherent power to censure only its own members or staff is a manifestation of the separation of powers between the various branches of government. A law punishing Pres Clinton would be an unconstitutional bill of attainder.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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The line item veto isn't a 'veto' at all
Article Abstract:
The Line Item Veto Act simply delegates to the president the authority to cancel certain tax and spending provisions and does not actually give that branch veto authority. Thus, the law does not upset the separation of powers or violate the Constitution's procedural requirements. The law's title is a misnomer since it gives the president the power to cancel rather than veto. The Supreme Court will hear on Apr 27, 1998 a federal district court case in which the Line Item Veto Act was declared unconstitutional.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
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