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Constitutional Law Keyed to Varat
Clinton v. City of New York
Citation:
524 U.S. 417, 118 S.Ct. 2091, 141 L.Ed.2d 393 (1998).Facts
Congress enacted the Line Item Veto Act in 1997. The Act gave the President the power to cancel three types of provisions of bills that had been signed into law: “(1) any dollar amount of discretionary budget authority; (2) any item of new direct spending; or (3) any limited tax benefit.” If the President chose to cancel a provision, he was required to determine that the cancellation would “(i) reduce the Federal budget deficit; (ii) not impair any essential Government functions; and (iii) not harm the national interest.” Finally, he would have to notify Congress of his decision to cancel a provision within five days. The cancellation would take effect unless Congress enacted a “disapproval bill.” The President could not cancel a disapproval bill, but he could veto it.
Pursuant to the authority granted to him in the Act, President Clinton canceled certain tax provisions in newly enacted bills. The City of New York sued, alleging that the Act was unconstitutional.
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