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Constitutional Law Keyed to Maggs
Clinton v. New York
Citation:
524 U.S. 417 (1998)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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The Line Item Veto Act gives 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; or (3) any limited tax benefit. The Act requires the President to adhere to precise procedures whenever he exercises his cancellation authority. In identifying items for cancellation he must consider the legislative history, the purposes, and other relevant information about the items. He also must transmit a special message to Congress notifying it of each cancellation within five calendar days. The President exercised his authority to cancel one provision in the Balanced Budget Act of 1997, which waived the Federal Government’s statutory right to re-coupment of as much as $2.6 billion in taxes that the State of New York had levied against Medicaid providers. Appellees, claiming they had been injured, sued the President challenging the cancellations.
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