FreeDuck wrote:mysteryman wrote:FreeDuck wrote:You guys know that the line item veto was tried and struck down as being unconstitutional, right?
We know that,but that does not mean that the Supreme Court cannot visit the matter again if they choose.
Ok, but you understand that a line item veto violates the basic American principle of separation of powers. It's pretty unlikely that the Supreme Court will grant the president lawmaking powers that were so explicitly given to Congress and no-one else.
No, I don't think it does violate the principle of separation of powers so long as Congress has the right to override the line item veto. Those who wrote the Constitution were strict Constitutionalists who never envisioned using the people's money for extensive social programs or charity or bribes to get people's votes. And up until FDR, Presidents and Congresses were pretty good about not doing that. Even FDR never envisioned massive pork barrel spending being implanted into totally unrelated legislation.
But because of the tendency that has always been there to enact legislation to curry favors whether or not such legislation was in the best interest of the country, veto power was given the President to ensure that a clear and unmistakable majority was necessary to enact the legislation if Congress serously disagreed with the Executive Branch.
I can't see how a line item veto would be any different than vetoing an entire bill. And I can see how it would be very useful for a President to eliminate unrelated items in a bill while letting the essential bill go forward to completion.
Congress could still put the vetoed items back in, but they would have to do so on an up or down vote and that just might restrain them a bit from pushing some of the ridiculous items they pass. (In years past, for instance, several hundred thousand dollars was allocated in a budget bill for a grant to study whether pigeons follow the same economic principles as people. Do you want you hard earned tax dollars going for stuff like that? Do you think your congressman would be caught dead voting for it right out in the open?)