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Clinton v. City of New York | 524 U.S. 417 (1998)
The United States Supreme Court’s decision in Clinton versus City of New York hinges not only on reading the Constitution with a fine-tooth comb, but also on the color of pen the President tries to use when signing a bill.
The Line Item Veto Act allowed the President to take out his red pen and cross out three types of pending legislation: first, any dollar amount of discretionary budget authority; second, any item of new direct spending; or third, any limited tax benefit. The exercise of the line-item veto could be used to nullify a provision in a bill signed into law, thereby preventing the provision from having any force or effect.
In 1997, Congress passed the Balanced Budget Act. The bill subsequently came across President Bill Clinton’s desk for signature. He took out his blue pen and signed the bill into law using his constitutional authority. He then took out his red pen to exercise his statutory authority under the Line Item Veto Act. Using this power, President Clinton cancelled an item of new direct spending: 2.6 billion dollars for the City of New York.
The City of New York and several other organizations challenged the President’s cancellation in district court. The district court held that the Line Item Veto Act was unconstitutional under the Presentment Clause of Article One, Section Seven of the United States Constitution. The Presentment Clause requires that legislation be presented to the President for signature, after it has passed in both houses of Congress. If the President doesn’t approve the bill, the President may veto it and return it to Congress.
President Clinton appealed directly to the United States Supreme Court.
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