district court found that the parties had standing and that the act violated the Presentment Clause under Article I of the Constitution. Both groups of plaintiffs argued that the line-item vetoes had deprived them of federal funds. The collective opposed President Clinton's cancellation of a provision of the Taxpayer Relief Act of 1997. The other group was the Snake River Potato Growers, Inc., which consisted of approximately 30 potato growers located throughout Idaho. They challenged a line-item veto President bill clinton had made in the 1997 Balanced Budget Act. One group included the City of New York, two hospital associations, one hospital, and two unions that represented health care employees. Two groups of plaintiffs then filed suit, arguing that they had been injured. Therefore, the Supreme Court had no jurisdiction. The senators and representatives had argued that the constitutional Separation of powers had been violated by the act but the Court found this was not an actual injury. A key point in the ruling was that a plaintiff had to show an actual injury because of the law. 2312, 138 L.Ed.2d 849 (1997), the Supreme Court concluded that the plaintiffs did not have standing to bring the action and dismissed the case. Members of Congress opposed to the act immediately filed a federal lawsuit, arguing that the act was unconstitutional. The act gave the president the ability to cancel individual tax and spending measures included in federal legislation. After years of debate, Congress rejected the idea of enacting such an amendment and instead approved federal line-item veto authority in a 1996 statute known as the Line-Item Veto Act (2 U.S.C.A. bush called for a constitutional amendment that would provide the president with a line-item veto. In the 1980s and early 1990s, Presidents ronald reagan and george h.w. The legislature can override the veto by a two-thirds majority vote. This authority, called the line-item veto, is popular because it allows the executive to cancel specific appropriations items from bills that are hundreds of pages long. In the majority of states the governor also has the authority to select particular items from an appropriations bill and veto them individually. State governors have similar veto and pocket veto powers, and state legislatures usually are required to override vetoes by a two-thirds majority of both houses. A pocket veto deprives Congress of the chance to override a formal veto. If Congress adjourns before the ten days have expired and the president has not signed the bill, however, the bill is said to have been subjected to a pocket veto. If the president takes no action, the bill automatically becomes law after ten days. A veto can be over-ridden by a two-thirds majority of both houses of Congress. The president has three options: sign the bill, making it law veto the bill or take no action on the bill during the ten-day period. Under the Constitution the president has ten days (not counting Sundays) in which to consider legislation presented for approval. Though there is great power in the veto, most executives use it cautiously, as overuse can antagonize the legislature and create political risk for the executive. By threatening a veto before legislation is passed, the executive can force the legislature to compromise and pass amendments it would otherwise find unacceptable. The veto power gives the executive a central role in the legislative process. Similar provisions in state constitutions give governors the same veto power, and municipal charters often give the mayor the right to veto legislation from the city council. If the president disapproves of the legislation and declines to sign the bill, he issues a veto, returning the bill unsigned to Congress. Constitution states that "every bill" and "every order, resolution or vote to which the concurrence of the Senate and the House of Representatives may be necessary" must be presented to the president for approval. The refusal of an executive officer to assent to a bill that has been created and approved by the legislature, thereby depriving the bill of any legally binding effect.Īrticle I, Section 7, of the U.S.
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