The line-item veto, also called the partial veto, is a special form of veto power that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill. Many countries have different standards for invoking the line-item veto, if it exists at all. Each country or state has its own particular requirement for overriding a line-item veto.
The President of Brazil has the power of the line-item veto over all legislation (art. 84 Federal Constitution of 1988: "The President of the Republic has the exclusive powers to: (...) V.veto bills, either in whole or in part"). Any provisions vetoed in such a manner are returned to the Brazilian congress, and can be overridden by a vote (art. 66 of the Federal Constitution). An example of this came in August 2012, when Dilma Rousseff vetoed portions of a new forestry law which had been criticized as potentially causing another wave of deforestation in the Amazon Rainforest.
The President of Panama has the ability to partially veto portions of a bill.
Dating to before the American Civil War, U.S. Presidents including Ulysses S. Grant and Ronald Reagan have sought line-item veto powers. It was not until the presidency of Bill Clinton that Congress passed such legislation.Intended to control "pork barrel spending", the Line Item Veto Act of 1996 was held to be unconstitutional by the U.S. Supreme Court in a 1998 ruling in Clinton v. City of New York . The court affirmed a lower court decision that the line-item veto was equivalent to the unilateral amendment or repeal of only parts of statutes and therefore violated the Presentment Clause of the United States Constitution. Before the ruling, President Clinton applied the line-item veto to the federal budget 82 times.
Since then, the prospect of granting the President of the United States a line-item veto has occasionally resurfaced in Congress, either through a constitutional amendment[ citation needed ] or a differently worded bill. Most recently, the U.S. House of Representatives passed a bill on February 8, 2012, that would have granted the President a limited line-item veto; however, the bill was not heard in the U.S. Senate. The most-commonly proposed form of the line-item veto is limited to partial vetoes of spending bills.
While the Constitution of the Confederate States was largely based on the U.S. Constitution, one of the most notable departures was the granting of a line-item veto to its president.Jefferson Davis, however, never exercised the provision.
Forty-three states—all except Indiana, Maryland, Nevada, New Hampshire, North Carolina, Rhode Island and Vermont—give their governors some form of line-item veto power.The Mayor of Washington, D.C. also has this power.
The articles 137 and 138 of the Constitution of Uruguay allow the Executive Power for total or partial vetoes of any bill by the Parliament.
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
The Tenure of Office Act was a United States federal law that was intended to restrict the power of the president to remove certain office-holders without the approval of the Senate. The law was enacted on March 2, 1867, over the veto of President Andrew Johnson. It purported to deny the president the power to remove any executive officer who had been appointed by the president with the advice and consent of the Senate, unless the Senate approved the removal during the next full session of Congress.
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. The line-item vetoes are usually subject to the possibility of legislative override as are traditional vetoes.
A veto is the power to unilaterally stop an official action, especially the enactment of legislation. A veto can be absolute, as for instance in the United Nations Security Council, whose permanent members can block any resolution, or it can be limited, as in the legislative process of the United States, where a two-thirds vote in both the House and Senate will override a presidential veto of legislation. A veto may give power only to stop changes, like the US legislative veto, or to also adopt them, like the legislative veto of the Indian President, which allows him to propose amendments to bills returned to Parliament for reconsideration.
The War Powers Resolution is a federal law intended to check the U.S. president's power to commit the United States to an armed conflict without the consent of the U.S. Congress. The resolution was adopted in the form of a United States congressional joint resolution. It provides that the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, "statutory authorization," or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."
Randy Evan Barnett is an American legal scholar and lawyer. He serves as the Patrick Hotung Professor of Constitutional Law at Georgetown University, where he teaches constitutional law and contracts, and is the director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States’ Attorney's Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies and the Bradley Prize, Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School.
The Contract with America was a legislative agenda advocated for by the United States Republican Party during the 1994 Congressional election campaign. Written by Newt Gingrich and Dick Armey, and in part using text from former President Ronald Reagan's 1985 State of the Union Address, the Contract detailed the actions the Republicans promised to take if they became the majority party in the United States House of Representatives for the first time in 40 years. Many of the Contract's policy ideas originated at The Heritage Foundation, a conservative think tank.
In legislative procedure, a rider is an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill.
The doctrine of nondelegation is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers. It is usually applied in questions of constitutionally improper delegations of powers of any of the three branches of government to either of the other, to the administrative state, or to private entities. Although it is usually constitutional for executive officials to delegate executive powers to executive branch subordinates, there can also be improper delegations of powers within an executive branch.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the writing of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. This United States form of separation of powers is associated with a system of checks and balances.
Clinton v. City of New York, 524 U.S. 417 (1998), 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 States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. The decision of the Court, in a six-to-three majority, was delivered by Justice John Paul Stevens.
Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983), was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.
Impoundment is an act by a President of the United States of not spending money that has been appropriated by the U.S. Congress. Thomas Jefferson was the first president to exercise the power of impoundment in 1801. The power was available to all presidents up to and including Richard Nixon, and was regarded as a power inherent to the office. The Congressional Budget and Impoundment Control Act of 1974 was passed in response to perceived abuse of the power under President Nixon. Title X of the Act removed that power, and Train v. City of New York, closed potential loopholes in the 1974 Act. The president's ability to indefinitely reject congressionally approved spending was thus removed.
The Line Item Veto Act of 1996Pub.L. 104–130 (text)(pdf) was a federal law of the United States that granted the President the power to line-item veto budget bills passed by Congress, but its effect was brief as the act was soon ruled unconstitutional by the Supreme Court in Clinton v. City of New York.
The powers of the United States president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.
The Presentment Clause of the United States Constitution outlines federal legislative procedure by which bills originating in Congress become federal law in the United States.
A signing statement is a written pronouncement issued by the President of the United States upon the signing of a bill into law. They are usually printed along with the bill in United States Code Congressional and Administrative News (USCCAN). The statements begin with wording such as "This bill, which I have signed today" and continue with a brief description of the bill and often several paragraphs of political commentary.
In the United States, a state is a constituent political entity, of which there are currently 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory and shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders.
United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution. The subject mainly concerns the scope of power of the United States federal government as compared to the individual states and the fundamental rights of individuals. As the ultimate authority on matters of constitutional interpretation, the decisions of the Supreme Court of the United States make up a large portion of constitutional law.