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Constitutional Law Keyed to Gershman
Raines v. Byrd
Citation:
521 U.S. 811 (1997)Facts
In 1996, Congress passed the Line Item Veto Act, which authorized the President to “cancel” certain spending and tax benefit provisions after signing bills into law. Six Members of Congress who had voted against the Act filed suit the day after it took effect, claiming it unconstitutionally expanded presidential power at the expense of legislative authority. They alleged three injuries: (1) alteration of the legal effect of their votes, (2) divestment of their constitutional role in repealing legislation, and (3) alteration of the constitutional balance of powers. The Act contained a provision specifically authorizing Members of Congress to challenge its constitutionality. The District Court found the plaintiffs had standing and ruled the Act unconstitutional. The case was appealed directly to the Supreme Court under the Act’s expedited review provision.
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