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Constitutional Law Keyed to Choper
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. The Act went into effect on January 1, 1997. The day after, six members of Congress who had voted against the Act filed suit challenging its constitutionality. They claimed the Act injured them by: (1) altering the legal effect of their votes, (2) divesting them of their constitutional role in repealing legislation, and (3) altering the constitutional balance of power between the branches. The Act itself contained a provision specifically authorizing Members of Congress to bring actions challenging its constitutionality. The District Court held that the plaintiffs had standing and that the Act was unconstitutional. The case was appealed directly to the Supreme Court under the expedited review provisions of the Act.
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