Constitutional Law Keyed to Cohen
Clinton v. New York
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President Clinton exercised his authority under the Act to cancel one provision in the Balanced Budget Act of 1997 and two provisions in the Taxpayer Relief Act of 1997. Two separate actions were filed in District Court against President Clinton and other federal officials challenging these cancellations. The plaintiffs in the first case are the City of New York, two hospital associations, one hospital, and two unions representing health care employees. The plaintiffs in the second are a farmer’s cooperative and an individual farmer. The District Court consolidated the two cases and held the Act was unconstitutional and the Supreme Court expedited review of the case. The Act gave the President the power to cancel in whole three types of provisions that have been signed into law: (1) any dollar amount of discretionary budget authority; (2) any item of new direct spending and (3) any limited tax benefit. In this case, it is undisputed that the cases involve an item of new direct spending and a limited tax benefit. It is also undisputed that each of the provisions had been signed into law before it was cancelled. It is also undisputed that the President correctly adhered to the procedures when exercising his cancellation powers.
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