| Venue: | SCOTUS |
| Facts: | Clinton uses the line-item veto power to strike a law exempting New York from having to turn over some of its tax monies (collected by taxing healthcare providers) to the US for social security funding for medical care for the indigent. |
| Posture: | District court holds the line-item veto statute to be invalid. Appeal. |
| Issue: | Is the line-item veto invalid? |
| Holding: | Yes. |
| Rule: | Repeal of statutes, no less than enactment, must comform with Article I. This violates the presentment clauses. |
| Reasoning: | Basically, this amounts to amending an act of congress by repealing a portion of it. That's not a power constitutionally granted to the president. The president can't change the test of laws. |
| Dicta: | If we want to change the role of the president in determining what
the law is, we need to amend the constitution.
Kennedy (concurring): failure of political will does not justify unconstitutional remedies. Concentration of power in one branch is a threat to liberty. |