Line Item Veto Act of 1996
Encyclopedia
The Line Item Veto Act of 1996 enacted a line-item veto
for the Federal government of the United States
, but its effect was brief due to judicial review
.
Public Law (P.L.) 104-130 was introduced by Senator
Bob Dole
on January 4, 1995, cosponsored by Senator John McCain
and 29 other senators. Related House Bills included , , , and . The bill was signed into law by President
Bill Clinton
on April 9, 1996 and was immediately challenged in the United States District Court for the District of Columbia
by a group of six senators, first among whom was Senator Robert Byrd
(D-WV), where it was declared unconstitutional by District Judge
Harry Jackson, a Reagan
appointee, on April 10, 1997. The case was subsequently remanded by the Supreme Court of the United States
with instructions to dismiss on the grounds that the senators had not suffered sufficient, particularized injury to maintain suit under Article III
of the United States Constitution
(i.e., the senators lacked standing). The case, Raines v. Byrd, , was handed down on June 26, 1997, and did not include a judgement on the constitutional grounds of the law.
It was used against one provision of the Balanced Budget
Act of 1997 and two provisions of the Taxpayer Relief Act of 1997 before being challenged again in two separate cases; one by the City of New York
, two hospital associations, one hospital, and two health care unions; the other by a farmers' cooperative from Idaho
and an individual member of the cooperative. Senators Byrd
, Moynihan
, Levin
, and Hatfield
again opposed the law, this time through Amicus curiæ briefs.
Judge Thomas Hogan
of the United States District Court for the District of Columbia
combined the cases and declared the law unconstitutional
on February 12, 1998. 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
. Justices Breyer
, Scalia
, and O'Connor
dissented.
Line-item veto
In United States government, the line-item veto, or partial veto, is the power of an executive authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package...
for the Federal government of the United States
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
, but its effect was brief due to judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
.
Public Law (P.L.) 104-130 was introduced by Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Bob Dole
Bob Dole
Robert Joseph "Bob" Dole is an American attorney and politician. Dole represented Kansas in the United States Senate from 1969 to 1996, was Gerald Ford's Vice Presidential running mate in the 1976 presidential election, and was Senate Majority Leader from 1985 to 1987 and in 1995 and 1996...
on January 4, 1995, cosponsored by Senator John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
and 29 other senators. Related House Bills included , , , and . The bill was signed into law by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on April 9, 1996 and was immediately challenged in the United States District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
by a group of six senators, first among whom was Senator Robert Byrd
Robert Byrd
Robert Carlyle Byrd was a United States Senator from West Virginia. A member of the Democratic Party, Byrd served as a U.S. Representative from 1953 until 1959 and as a U.S. Senator from 1959 to 2010...
(D-WV), where it was declared unconstitutional by District Judge
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
Harry Jackson, a Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
appointee, on April 10, 1997. The case was subsequently remanded by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
with instructions to dismiss on the grounds that the senators had not suffered sufficient, particularized injury to maintain suit under Article III
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
(i.e., the senators lacked standing). The case, Raines v. Byrd, , was handed down on June 26, 1997, and did not include a judgement on the constitutional grounds of the law.
It was used against one provision of the Balanced Budget
Balanced budget
A balanced budget is when there is neither a budget deficit or a budget surplus – when revenues equal expenditure – particularly by a government. More generally, it refers to when there is no deficit, but possibly a surplus...
Act of 1997 and two provisions of the Taxpayer Relief Act of 1997 before being challenged again in two separate cases; one by the City of New York
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, two hospital associations, one hospital, and two health care unions; the other by a farmers' cooperative from Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
and an individual member of the cooperative. Senators Byrd
Robert Byrd
Robert Carlyle Byrd was a United States Senator from West Virginia. A member of the Democratic Party, Byrd served as a U.S. Representative from 1953 until 1959 and as a U.S. Senator from 1959 to 2010...
, Moynihan
Daniel Patrick Moynihan
Daniel Patrick "Pat" Moynihan was an American politician and sociologist. A member of the Democratic Party, he was first elected to the United States Senate for New York in 1976, and was re-elected three times . He declined to run for re-election in 2000...
, Levin
Carl Levin
Carl Milton Levin is a Jewish-American United States Senator from Michigan, serving since 1979. He is the Chairman of the Senate Committee on Armed Services. He is a member of the Democratic Party....
, and Hatfield
Mark Hatfield
Mark Odom Hatfield was an American politician and educator from the state of Oregon. A Republican, he served for 30 years as a United States Senator from Oregon, and also as chairman of the Senate Appropriations Committee...
again opposed the law, this time through Amicus curiæ briefs.
Judge Thomas Hogan
Thomas Hogan
Thomas Francis Hogan , a United States federal judge, is serving as Director of the Administrative Office of the United States Courts...
of the United States District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
combined the cases and declared the law unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
on February 12, 1998. This ruling was subsequently affirmed on June 25, 1998 by a 6-3 decision of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in the case Clinton v. City of New York
Clinton v. City of New York
Clinton v. City of New York, , is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United...
. Justices Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
, Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, and O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
dissented.