Everything about Line Item Veto totally explained
In
government, the
line-item veto is the power of an
executive to nullify or "cancel" specific provisions of a bill, usually budget appropriations, without vetoing the entire legislative package. The line-item vetoes are usually subject to the possibility of legislative override as are traditional vetoes.
Use in the United States
Governors
This power is held by most state
governors in the
United States of America. All but seven US states have some form of line-item veto. Those states without the line-item veto are
Indiana,
Maryland,
Nevada,
New Hampshire,
North Carolina,
Rhode Island, and
Vermont.
Confederate States
While this power isn't supported by the
United States Constitution, it was granted to the
President of the Confederate States as the
American Civil War broke out in 1861. Article 1, Section 7 of the
Confederate States Constitution, adopted March 11, 1861, allowed the Confederate president the ability to "approve any appropriation and disapprove any other appropriation in the same bill," with such disapprovals returned to the houses of congress for reconsideration and potentially for override.
Line Item Veto Act of 1996
Presidents have repeatedly asked Congress to give them a line item veto power. According to Louis Fisher in The Politics of Shared Power,
Ronald Reagan said to Congress in his 1986 State of the Union address, "Tonight I ask you to give me what forty-three governors have: Give me a line-item veto this year. Give me the authority to veto waste, and I'll take the responsibility, I'll make the cuts, I'll take the heat."
Bill Clinton echoed the request in his State of the Union address in 1995.
The President was briefly granted this power by the
Line Item Veto Act of 1996, passed by Congress in order to control "
pork barrel spending" that favors a particular region rather than the nation as a whole. The line-item veto was used 11 times to strike 82 items from the federal budget by President
Bill Clinton.
However,
U.S. District Court Judge
Thomas F. Hogan ruled on
February 12,
1998, that unilateral amendment or repeal of only parts of statutes violated the
U.S. Constitution. This ruling was subsequently affirmed on
June 25,
1998, by a 6-3 decision of the
Supreme Court of the United States in the case
Clinton v. City of New York. The case was brought by the then
New York City mayor Rudy Giuliani.
A constitutional amendment to give the President line item veto power has been considered periodically since the Court ruled the 1996 act unconstitutional. Some scholars, including Louis Fisher, believe the line item veto would give presidents too much power over government spending compared with the power of Congress.
Further Information
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