Clinton v NYC (Luke Lhota p.1)

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  • Clinton v NYC (1998)
  • "We pass the Line Item Veto Act of 1996"
  • Newt Gingrich (Speaker of the House in 1996)
  • OVAL OFFICE
  • "I can do this because of the Line Item Veto Act of 1996" -Bill Clinton
  • BILL 1) Veto 2) Pass 3) Veto 4) Veto
  • The year is 1998, and President Bill Clinton has had the power to amend or repeal statutes of a budget bill that had been passed by Congress. 
  • "This violates the non-delegation  doctrine"
  • REHNQUIST COURT
  • "This is a proper power of the president"
  • In 1996, Congress passed the Line Item Veto Act that would prove to be very short-lived.
  • THE DECISION 
  • "It is unconstitutional because of the presentment clause"
  • President Bill Clinton exercising his line-item veto power on a budget bill passed by Congress in 1998.
  • Presentment Clause Article I, Section 7, Clauses 2 and 3
  • BILL 1) Veto 2) Pass 3) Veto 4) Veto
  • Supreme Court Justice John Paul Stevens and the Judicial Branch take this matter to the Supreme Court in Clinton v NYC. Justice Anthony M. Kennedy held the concurrent opinion with the court and Justice Stephen Breyer held the dissenting opinion. The decision, a six-three majority, was delivered by Justice John Paul Stevens
  • Kennedy
  • Breyer
  • The decision was that the Line-Item Veto Act of 1996 violated the presentment clause of the Constitution, and that bills must be entirely approved or repealed. 
  • Stevens
  • The presentment clause states the power of Congress to pass bills to the president for passage or veto. The Line Item Veto Act of 1996 violated this by not allowing a whole veto or whole pass. In NYC v Clinton the Constitution reigned supreme!
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