Number: RL33365
Title: Line Item Veto: A Constitutional Analysis of Recent Proposals
Authors: Morton Rosenberg, American Law Division 
Abstract: In this report, after an examination of the nature and scope of the Supreme Court's ruling in Clinton v. City of New York, the bills will be described and compared with the Line Item Veto Act of 1996, and the current process for dealing with rescissions and deferrals under the Impoundment Control Act of 1974, as amended. The discussion concludes with an assessment of the legal and practical effect of the proposed suspension provision, and includes taking into account past and present legislative, executive and judicial precedents and practices with respect to impoundments, rescissions, deferrals and other efforts at budget and spending controls. That examination suggests that, in light of the Clinton ruling and analogous structural separation of powers decisions, a reviewing court might view the proposed suspension authority to be vested in the President as, in effect, a power to cancel appropriations akin to that proscribed in Clinton.
Pages: 22
Date: October 3, 2006