Item Veto: Hearing Before Subcommittee No. 3 on H. J. Res. 47 [and Other] Bills to Authorize the President to Disapprove Items in General Appropriation Bills. May 27, 1957

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U.S. Government Printing Office, 1958 - 107 páginas
 

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Página 1 - Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (twothirds of each House concurring...
Página 44 - In any appropriation bill passed by the Legislature, the Governor may reduce or eliminate any one or more items of appropriation of money while approving other portions of the bill...
Página 45 - In expounding the Constitution of the United States," said Chief Justice Taney in Holmes v. Jennison, 14 Pet. 540, 570, 571, "every word must have its due force, and appropriate meaning; for it is evident from the whole instrument, that no word was unnecessarily used, or needlessly added.
Página 41 - Every bill passed by the legislature making appropriations of money, embracing distinct items, shall before It becomes a law, be presented to the Governor ; if he disapproves the bill, or any Item or appropriation therein contained, he shall communicate such disapproval with his reasons therefor to the House in which the bill originated ; but all items not disapproved shall have the force and effect of law according to the original provisions of the bill.
Página 38 - Whenever, therefore a question arises concerning the constitutionality of a particular power; the first question is, whether the power be expressed in the Constitution. If it be, the question is decided. If it be not expressed; the next enquiry must be, whether it is properly an incident to an express power, and necessary to its execution. If it be, it may be exercised by Congress. If it be not; Congress cannot exercise it.
Página 50 - As the citizens of one State find that money, to raise which they in common with the whole country are taxed, is to be expended for local improvements in another State, they demand similar benefits for themselves, and it is not unnatural that they should seek to indemnify themselves for such use of the public funds by securing appropriations for similar improvements in their own neighborhood. Thus as the bill becomes more objectionable it secures more support.
Página 44 - The governor may disapprove or reduce items or parts of items in any bill appropriating money. So much of such bill as he approves shall upon his signing the same become law. As to each item disapproved or reduced, he shall transmit to the house in which the bill originated his reason for such disapproval or reduction, and the procedure shall then be the same as in the case of a bill disapproved...
Página 50 - ... bill, that the practice of grouping in such a bill appropriations for a great diversity of objects, widely separated either in their nature or in the locality with which they are concerned, or in both, is one which is much to be deprecated unless it is irremediable. It inevitably tends to secure the success of the bill as a whole, though many of the items, if separately considered, could scarcely fail of rejection. By the adoption of the course...
Página 65 - Congress; others would have retained the two-thirds requirement for item vetoes as well as for general vetoes. The only time the item veto principle has been subjected to a vote in either House was in 1883.9 Background The origins of the veto power itself are too well known to treat at length here. Suffice it to say that the colonies chafed under the veto power of the King or the Royal Governors, which acted as a severe check on the legislative assemblies. Indeed, the first two grievances set forth...
Página 2 - The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved; and shall return a copy of such appropriations...

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