[PDF] Line Item Veto Act Unconstitutional eBook

Author : Congressional budget office (u s congress) washington dc
Publisher :
Page : 38 pages
File Size : 22,35 MB
Release : 1998
Category :
ISBN :

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The Line Item Veto Act, which took effect on January 1, 1997 (and expires eight years later), marks a significant milestone in the federal budget process. It enables the President, for the first time, to cancel individual spending or tax-benefit provisions in legislation passed by the Congress without having to veto the entire legislation. (Because the President must first sign the legislation before canceling provisions, his cancellation authority does not represent a true item veto, despite its name). The President's cancellations take effect immediately and can be reversed only by a subsequent law. After a year, opinion about the act remains sharply divided. Proponents view the President's cancellation authority as a significant tool for eliminating wasteful spending or tax provisions and maintaining fiscal discipline. Opponents see it as an unconstitutional delegation of legislative authority to the executive branch. In February 1998, the U.S. District Court for the District of Columbia declared the act unconstitutional on the grounds that it violates the Constitution's separation of powers doctrine. The Supreme Court has scheduled oral arguments on the case for late April and is expected to make a mling sometime this year.

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
Page : 20 pages
File Size : 47,28 MB
Release : 1954
Category : Budget
ISBN :

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Considers constitutional amendment to authorize Presidential veto of single items in appropriations bill.

Author : J. Christopher Lewis
Publisher :
Page : 149 pages
File Size : 38,30 MB
Release : 1998-12-01
Category : Budget
ISBN : 9781423555711

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The primary purpose of this thesis is to determine the political and fiscal impact of the Line Item Veto on the budgeting process. It examines the history of the line item veto prior to the congressional elections of 1994, and then considers the legislative history of the Line Item Veto Act during the 104th Congress (1995-96). It explains the various arguments surrounding the requirement for a line item veto, and explores the methods that supporters employed to provide this power to the President. It also considers the various legal challenges to the Line Item Veto Act, culminating with the 1998 Supreme Court ruling that the Act was unconstitutional. The chief finding of the thesis is that, in the Act's only year of employment, it failed to have a significant impact on the budgeting process. President Clinton primarily used the measure to trim items from appropriations bills, most of which came on the Military Construction Appropriations Act. Congress and the federal courts overturned nearly half of his 1997 cancellations prior to the Supreme Court's ruling that the Act was unconstitutional. While it introduced a new dynamic into the budgeting process, it did not represent a significant shift in budgetary powers from Congress to the President, as many critics had feared.