The Line Item Veto Act was a federal law of the United States that granted the

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

the power to

line-item veto 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 differen ...

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 ''Clinton v. City of New York'', 524 U.S. 417 (1998), was a landmark decision by the Supreme Court of the United States in which the Court held, 6–3, that the line-item veto, as granted in the Line Item Veto Act of 1996, violated the Presentment ...

''.

Legislative history

The bill was introduced by

Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

Bob Dole Robert Joseph Dole (July 22, 1923 – December 5, 2021) was an American politician and attorney who represented Kansas in the United States Senate from 1969 to 1996. He was the Republican Leader of the Senate during the final 11 years of his t ...

on January 4, 1995, cosponsored by Senator

John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two te ...

and 29 other senators. Related House Bills included , , , and . The bill was signed into law by

Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again ...

on April 9, 1996.

Judicial review

''Raines v. Byrd''

It was immediately challenged in the

United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District ...

by a group of six senators, first among whom was Senator

Robert Byrd Robert Carlyle Byrd (born Cornelius Calvin Sale Jr.; November 20, 1917 – June 28, 2010) was an American politician and musician who served as a United States senator from West Virginia for over 51 years, from 1959 until his death in 2010. A ...

(D-WV), where it was declared unconstitutional by District Judge Harry Jackson, a

Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...

appointee, on April 10, 1997. The case was subsequently remanded by the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...

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 The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

(i.e., the senators lacked standing). The case, '' Raines v. Byrd,'' , was handed down on June 26, 1997, and did not include a judgment on the constitutional grounds of the law.

''Clinton v. City of New York''

Clinton subsequently used the veto on a provision of the

Balanced Budget Act of 1997 The Balanced Budget Act of 1997 () was an omnibus legislative package enacted by the United States Congress, using the budget reconciliation process, and designed to balance the federal budget by 2002. This act was enacted during Bill Clinton's ...

and two provisions of the

Taxpayer Relief Act of 1997 The Taxpayer Relief Act of 1997 () reduced several federal taxes in the United States. Starting in 1998, a $400 tax credit for each child under age 17 was introduced, which was later increased to $500 in 1999. This credit was phased out for h ...

, each of which was challenged in a separate case: one by the

City of New York New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...

, two hospital associations, one hospital, and two health care unions; the other by a farmers' cooperative from

Idaho Idaho ( ) is a U.S. state, state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Monta ...

and an individual member of the cooperative. Senators

Byrd Byrd commonly refers to: * William Byrd (c. 1540 – 1623), an English composer of the Renaissance * Richard E. Byrd (1888–1957), an American naval officer and explorer Byrd or Byrds may also refer to: Other people * Byrd (surname), includin ...

, Moynihan, Levin, and Hatfield again opposed the law, this time through

Amicus curiae An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision o ...

briefs. Judge Thomas Hogan of the

combined the cases and declared the law

unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...

on February 12, 1998. This ruling was subsequently affirmed on June 25, 1998 by a 6–3 decision of the

in the case ''

''. Justices Breyer,

Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectua ...

, and O'Connor dissented. The ruling has been criticized by some legal scholars.

References

External links