Line-Item
At first glance, the line-item veto seems like a good idea. With the way Congress lumps unrelated bullshit into everything they pass, it makes sense to trim the fat somewhere. But there are some good reasons why the line-item veto should be opposed. For one, it’s unconstitutional (via C&L) :
The line-item veto is unconstitutional, the Supreme Court decided Thursday, ruling that Congress did not have the authority to hand that power to the president.The 6-3 ruling said that the Constitution gives a president only two choices: either sign legislation or send it back to Congress. The 1996 line-item veto law allowed the president to pencil out specific spending items approved by the Congress.
In his majority opinion Justice John Paul Stevens upheld a lower court’s decision, concluding “the procedures authorized by the line-item veto act are not authorized by the Constitution.”
So if we want to discuss passing a line-item veto eight years after the Supreme Court blocked it, we’re into the realm of amending the constitution. But if we’re going to go that far, why not address the real problem and seek an amendment that forbids Congress from adding unrelated earmarks, provisions, etc. to their bills? Because the GOP, who’s have always been the ones who fight for this, have never wanted to kill the goose that laid the golden egg, they just want to cut enough spending to look like they care.
With a Bush Presidency, there’s an additional reason why the line-item veto is a bad idea. He’s always been too chickenshit to use a real veto, but you can bet he’d take the first opportunity to use the line-item variety to punish Democrats and “moderate” Republicans. With the way things work in Congress right now, individual earmarks are the main tool used to collect votes for controversial bills. Most controversial bills are a “bridge to nowhere” or two away from passing, but what’s to stop the White House from stripping those legislative bribes from the bill after the fact? Considering the unusual closeness between Congressional leadership and the Presidency, a good cop / bad cop routine would be be inevitable.
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Greg’s comments on the Bush Presidency lead
me to post my new riddle: what does the
Bush victory in 2000 have in common with
Bonds 73 home runs in 2001?
A HUMUNGUS ASTERISK
Comment by Lieutenant Breakfast — March 10, 2006 @ 6:17 am
Uhh, when did the Bush administration or this Congress start concerning themselves with the constitutionality of laws or even their own actions?
Did I miss something?
Comment by theBhc — March 10, 2006 @ 1:16 pm
agree with theBhc, Bush thinks laws are just suggestions and its not surprising that Bush wants to disrupt the checks and balances of our government.
Clinton v. NY (the line-item veto case): the line-item veto is unconstitutional because of the presentment and bicameralism clauses (Art 1, sec. 7 cl. 2-3) requiring the approval of both houses and presentment to the president in order to pass a bill. This not only protects against a president’s unchecked power but allows smaller populated states in the Senate to maintain an equal voice with larger states.
Comment by Erin — March 10, 2006 @ 6:02 pm
Have you ever lived anywhere with a line item veto? In California, the line item veto simply allows the Gov. to marginalize the legislature. Not good for the citizens — easier and cheaper to kick reps around than guvs.
Comment by janinsanfran — March 13, 2006 @ 7:43 pm