Contact Congress Regarding Controversial Presidential Line-item Veto Bill Passed by House
FVI Federal Committee | Sunday, February 12, 2012 at 5:54PM On February 8 the House passed the "Expedited Legislative Line-item Veto and Rescissions Act of 2012" (H.R. 3521) that would give the President the authority to veto all or part of any dollar amount of funding for discretionary spending items in enacted appropriations bills. The vote was 254-173 with Republicans voting 197-41 in favor and the Democrats voting 57-132. Northeast Wisconsin Representatives Reid Ribble and Tom Petri voted in favor. The Senate is expected to consider passage soon.
The Fox Valley Initiative Federal Committee believes that the presidential line-item veto bill should not be approved by Congress on the grounds that it is unconstitutional and would also enable a new form of presidential partisan favoritism (and potential abuse) with regard to the details of legislation. See the end of this article for information for contacting your Representative and Senators.
According to H.R. 3521, both Houses of Congress would be required to hold an up-or-down vote of approval on any presidential line-item vetoes, although they would be forced to do so very quickly by the bill's expedited procedures, including a prohibition on amendments in both Houses and filibusters in the Senate.
Congress approved a presidential line-item veto authority during the Clinton era. That earlier version did not include a provision for Congress to approve or disapprove of any such presidential line-item vetoes. Later, the Supreme Court struck down that version as unconstitutional.
House supporters of H.R. 3521 argue that this bill would provide an additional tool for reducing federal spending and cutting our federal deficits. According to them, the President would act as a second line of defense against unnecessary spending. And, they argue further, what danger could there be in giving this line-item veto authority to the President, because Congress would still have the final authority to approve or disapprove any such presidential vetoes.
On the other hand, there are some good arguments against granting the President line-item veto authority as prescribed in H.R. 3521.
First, Article I, Section 1 of the Constitution says, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." That's pretty clear.
Consider just the first part of Article I, Section 1: "All legislative Powers herein granted shall be vested in … Congress." No legislative powers have been granted in the Constitution to the President. To the extent that giving the President authority to veto funding provisions on a line-by-line basis could be considered transferring legislative powers to the President, to that same extent H.R. 3521 should be considered unconstitutional.
Yes, Congress would still get to disapprove or approve each such veto, but that wouldn't change the situation where the President would be given authority to revise the details of legislation, which could ultimately result in substantial changes in the final legislation.
During debate on the line-item veto bill on February 8, Rep. Hal Rogers (R-Ky.), Chairman of the House Appropriations Committee, made these remarks (page H603 of the Congressional Record for February 8, 2012), based on the Constitution, in opposition to H.R. 3521:
In article I, section 9, clause 7, the U.S. Constitution bestows upon Congress what we now call the “power of the purse” -- that the representatives of the people should distribute taxpayer dollars as warranted and needed. The line-item veto would weaken that power, shifting budgetary authority to the executive branch and giving the President a power that our Founding Fathers did not see fit to give to him….
Second, transferring power to the President to veto funding in legislation on a line-by-line basis provides an obvious opening for presidential partisan favoritism. Under the provisions of H.R. 3521, a sitting president could veto funding for numerous Republican initiatives while leaving Democratic initiatives untouched, or vice versa. Yes, Congress would still have to approve such vetoes; however, a PR campaign could be conducted that would make it politically difficult for Congress to disapprove these vetoes. The president could also influence legislation before it's even passed, by threatening to veto certain provisions line-by-line. Why, O why, give the president any more power than he already possesses?
This also brings up the obvious question: Why in the world would a Republican majority in the House pass a bill that would give President Obama, one of the most partisan presidents in history, the power to play partisan politics with the details of congressionally passed bills? It seems completely unjustified, especially since President Obama is one of the biggest-spenders ever!
Appropriations Chairman Hal Rogers also argued against H.R. 3521 in the debate on February 8 on the basis that it would be ineffective for reducing spending and likely to be abused:
Not only does the line-item veto fly in the face of our Constitution and the Framers' protections, but budget experts also doubt its effectiveness as a spending reduction tool. Look back to Congress' experience with the line-item veto under President Clinton. He wielded this authority to little effect in saving taxpayer dollars. In fact, Congress declared that he “misused” that authority, and overturned nearly half of his cancellations. So, to summarize the line-item veto: It is a power likely to be abused and not likely to save money….
In conclusion, the Fox Valley Initiative Federal Committee believes that the presidential line-item veto bill, H.R. 3521, should not be approved by Congress. We believe that it is unconstitutional and would transfer additional power to the president, as well as enabling a new form of presidential partisan favoritism. So far, the House has approved the bill with Northeast Wisconsin Representatives Reid Ribble and Tom Petri voting in favor. The Senate is expected to consider passage soon.
We urge you to decide for yourself whether H.R. 3521 should be approved by Congress, then contact your Representative to let him know how you feel about his vote. Also, be sure to let your Senators know whether you want them to vote for or against this bill!
HOLD YOUR REPRESENTATIVES ACCOUNTABLE:
Rep. Reid Ribble: ribble.house.gov, 1513 Longworth HOB, Washington, DC 20515, (202) 225-5665. Email.
Rep. Tom Petri: petri.house.gov, 2462 Rayburn HOB, Washington, DC 20515, (202) 225-2476. Email.
Senator Ron Johnson: ronjohnson.senate.gov, 386 Russell Senate Office Bldg., Washington, DC 20510, (202) 224-5323. Email.
Senator Herb Kohl: kohl.senate.gov, 330 Hart Senate Office Bldg., Washington, DC 20510, (202) 224-5653. Email.
