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A Presidential Item Veto (CRS Report for Congress)

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Release Date Dec. 2, 2004
Report Number RS21991
Report Type Report
Authors Louis Fisher, Government and Finance Division
Source Agency Congressional Research Service
Summary:

During a news conference on November 4, 2004, President George W. Bush stated that he "would like to see the President have a line-item veto again, one that passed constitutional muster. I think it would help the executive branch work with the legislative branch to make sure that we're able to maintain budget discipline." The Supreme Court struck down an earlier version of item-veto authority (the Line Item Veto Act of 1996) in Clinton v. City of New York, 524 U.S. 417 (1998), but several statutory alternatives are available. Options to the Line Item Veto Act have been proposed over the years, including an amendment to the Constitution to grant the President item-veto authority. The line-item veto is listed among several budget reform proposals included in the FY2005 budget, but a more specific recommendation is expected to be developed by the Administration and submitted to Congress at the start of the 109th Congress. This report analyzes the statutory and constitutional alternatives that are likely to be considered and will be updated as necessary.