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  #46 (permalink)  
Old 01-14-2008
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Steve Steve is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

I’m actually against a line-item veto in principle.

However, Congress has (and has had for years) this pesky little habit of attaching spending when that spending has nothing to do with the bill it's attached to. I’ve got a very big problem with that, as I suspect most rational people do.

If Congress can reel itself in and not attach highway funding to defense spending, or education spending on a bill for farm subsidies, then I’m fine without a line item veto. Unfortunately, I think it’s going to be a long time until they do that, so the bullshit we’ve enjoyed in the past is bullshit we’ll be able to look forward to in the future…
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  #47 (permalink)  
Old 01-14-2008
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O'Sullivan Bere O'Sullivan Bere is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

Quote:
Originally Posted by pramjockey View Post
Interesting.

I wonder, in practice, how much of a loophole this is:



I wonder how much they can slip by here, and how much of a loophole this would be for the federal government.
Our state Supreme Court and our lower courts have developed a long line of decisions giving the legislature a fairly wide latitude in deeming what constitutes the same subject; however, the legislature can only stretch it so far and sometimes our courts holds that the line gets crossed.

The most recent example of having crossed the line was a case recently won by a good friend and occasional co-counsel or adversary and in which I had advisory input given we both enjoy constitutional arguments, especially if it keeps Big Brother playing within its lawful boundaries.

The bill started off as an agricultural crop destruction bill but in midstream was morphed into a hate crime bill and enacted as such. One of the state's two intermediate courts held that the act violated the state constitutional requirement prohibiting changing a bill during the course of its passage so that its original purpose is changed and, moreover, that the subject matter of a bill be clearly expressed in its title.

Here is the court's decision:

http://www.courts.state.pa.us/OpPost...5_11-15-07.pdf

Acts deemed to violate these provisions are invalidated and must be reintroduced properly.

Last edited by O'Sullivan Bere; 01-14-2008 at 03:13 PM.
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  #48 (permalink)  
Old 01-14-2008
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pramjockey pramjockey is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

Quote:
Originally Posted by O'Sullivan Bere View Post
Our state Supreme Court and our lower courts have developed a long line of decisions giving the legislature a fairly wide latitude in deeming what constitutes the same subject; however, the legislature can only stretch it so far and sometimes our courts holds that it gets crossed.

The most recent example of having crossed the line was a case recently won by a good friend and occasional partner and adversary and in which I had advisory input given we both enjoy constitutional arguments, especially if it keeps Big Brother playing within its lawful boundaries.

The bill started off as an agricultural crop destruction bill but in midstream was morphed into a hate crime bill and enacted as such. The state Supreme Court held that the act violated the state constitutional requirement prohibiting changing a bill during the course of its passage so that its original purpose is changed and, moreover, that the subject matter of a bill be clearly expressed in its title.

Here is the court's decision:

http://www.courts.state.pa.us/OpPost...5_11-15-07.pdf

Acts deemed to violate these provisions are invalidated and must be reintroduced properly.
Interesting.

We had an amendment offered a few years back that would have prevented our legislature from declaring every bit of legislation an "emergency bill," which has allowed them to bypass other provisions of our constitution for a long time (CO constitution, that is). Unfortunately, it failed.

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  #49 (permalink)  
Old 01-14-2008
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TheLastBoyScout TheLastBoyScout is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

Quote:
Originally Posted by EAL View Post
On principle, I like the idea of the line item veto because I don't like earmarks and port attatched to unrelated bills. On the other hand, I've considered the argument that it would grant the president too much power and upset the checks and balances.

What are your reasons for being in favor or opposed to a line item veto?
Congress makes laws...... the president merely approves or disapproves the law. The president has no business modifying the laws on his own.

There must be other ways of cutting the pork out.... Rules and restrictions need to be placed on congressional operation. If pork is allowed in any degree it should at least be regulated, limited, and transparent.
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  #50 (permalink)  
Old 01-14-2008
Slon Slon is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

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Originally Posted by TheLastBoyScout View Post
Congress makes laws...... the president merely approves or disapproves the law. The president has no business modifying the laws on his own.

There must be other ways of cutting the pork out.... Rules and restrictions need to be placed on congressional operation. If pork is allowed in any degree it should at least be regulated, limited, and transparent.
Precisely. If a President sees immoral pork in a bill, he should refuse to sign in most cases.
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  #51 (permalink)  
Old 01-14-2008
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Scribbler1 Scribbler1 is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

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Originally Posted by Slon View Post
Precisely. If a President sees immoral pork in a bill, he should refuse to sign in most cases.
The only flaw I see in that logic is that we cannot trust the president, he House OR the Senate. At least not completely.

The government is supposed to create and pass laws for OUR benefit. The very least we can do is pay ATTENTION to them and object to the very things we are discussing here.
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  #52 (permalink)  
Old 01-14-2008
baaz baaz is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

Quote:
Originally Posted by Slon View Post
Precisely. If a President sees immoral pork in a bill, he should refuse to sign in most cases.
They sounds simple but what they do is wait for a bill that they know everyone wants passed. They attach the pork to it to insure their special interests get taken care of. Both sides do it.
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  #53 (permalink)  
Old 01-14-2008
Slon Slon is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

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Originally Posted by baaz View Post
They sounds simple but what they do is wait for a bill that they know everyone wants passed. They attach the pork to it to insure their special interests get taken care of. Both sides do it.
That's why it is their job to avoid voting for such bills altogether, pointing out the pork they don't like. That way, they will either be forced into a deadlock or into splitting all the issues into individual bills.
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  #54 (permalink)  
Old 01-14-2008
SomeMarine SomeMarine is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

Quote:
Originally Posted by Steve View Post
If it's a defense appropriations bill, and it's got earmarks for new street lights in Deluth, one need not be a Harvard grad to figure that out, and I have no problem, whatsoever, with the President making the decision to shit-can that line item.

And, sadly, I'm suspect there have been plenty of instances like that in the past...
If the President did get the line item, all congress would have to do is drown him/her in paper-work, effectivly neutering them anyways. Kinda like the Roman Senate did with the Ceasers.
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  #55 (permalink)  
Old 01-14-2008
baaz baaz is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

Quote:
Originally Posted by Slon View Post
That's why it is their job to avoid voting for such bills altogether, pointing out the pork they don't like. That way, they will either be forced into a deadlock or into splitting all the issues into individual bills.
I know but some bills have to get passed and it all takes time. If it doesnt get passed and it has to go thru the whole process, it would take too much time. I totally agree, I wish something could be done.
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  #56 (permalink)  
Old 01-14-2008
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Re: Line item veto - does it grant the exectutive branch to much power?

Wishing won't cut it. Since public opinion seems to be lost on these people, we have to start voting against any and all incumbents until they get the message.
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  #57 (permalink)  
Old 01-14-2008
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Re: Line item veto - does it grant the exectutive branch to much power?

You both have a good point.

I wonder what the real solution is.


Heck, I wonder if it's even possible for asingle human being to read every page of legislation that's passed out in Congress.
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  #58 (permalink)  
Old 01-14-2008
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Scribbler1 Scribbler1 is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

Congress doesn't read all that stuff THEMSELVES. They voted in the Patriot Act even though it was plopped on their desks a few hours before the vote.

I can't expect most of us to read, or comprehend most of the bills they write, but we do have the next best thing in credible people who give us the gist of it all. Too bad we don't read THAT either.
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  #59 (permalink)  
Old 01-14-2008
SomeMarine SomeMarine is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

Quote:
Originally Posted by Scribbler1 View Post
Congress doesn't read all that stuff THEMSELVES. They voted in the Patriot Act even though it was plopped on their desks a few hours before the vote.

I can't expect most of us to read, or comprehend most of the bills they write, but we do have the next best thing in credible people who give us the gist of it all. Too bad we don't read THAT either.
And what a pile of shit that thing is.
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  #60 (permalink)  
Old 01-14-2008
Slon Slon is offline
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Re: Line item veto - does it grant the exectutive branch to much power?

Quote:
Originally Posted by baaz View Post
I know but some bills have to get passed and it all takes time. If it doesnt get passed and it has to go thru the whole process, it would take too much time. I totally agree, I wish something could be done.
I guess politicians will have to be more careful in terms of how much pork they include.
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