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Mnuchin pitches line-item veto: ‘Congress could pass a rule’
Washington Post ^ | March 25, 2018 | David Weigel

Posted on 03/25/2018 2:13:19 PM PDT by Innovative

Treasury Secretary Steven Mnuchin has urged lawmakers to give President Trump a line-item veto, saying on “Fox News Sunday” that it might prevent Democrats from stacking more nondefense discretionary spending into the next must-past budget bill. But Mnuchin’s short exchange with Fox News anchor Chris Wallace also underlined the problem with the idea — a 20-year-old Supreme Court ruling that struck down the line-item veto, finding “no provision in the Constitution that authorizes the president to enact, to amend or to repeal statutes,” after President Bill Clinton used it 82 times.

“I think they should give the president a line-item veto,” said Mnuchin, echoing Trump’s comments after he signed last week’s omnibus budget bill.

“That’s been ruled unconstitutional by the Supreme Court,” Wallace said.

“Well, again, Congress could pass a rule, okay, that allows them to do it,” Mnuchin said.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Front Page News; News/Current Events; Politics/Elections
KEYWORDS: congress; lineitemveto; mnuchin; veto
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This is exactly what is needed.

Congress needs to get their act together and pass it.

1 posted on 03/25/2018 2:13:19 PM PDT by Innovative
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To: Innovative

No. Congress cannot delegate its power to legislate to the executive.

Its called the separation of powers.

Only way to give the President item-line veto is to amend the Constitution.


2 posted on 03/25/2018 2:17:29 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: All

Yeah, well, they COULD pass it.

And they COULD pass term limits and a pay cut for themselves....

But they aren’t about to limit their powers by doing so.


3 posted on 03/25/2018 2:18:44 PM PDT by LegendHasIt
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To: goldstategop
Only way to give the President item-line veto is to amend the Constitution.

Correct.

4 posted on 03/25/2018 2:19:17 PM PDT by Ouderkirk (Life is about ass, you're either covering, hauling, laughing, kicking, kissing, or behaving like one)
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To: Innovative

They will never give him this. Get real.


5 posted on 03/25/2018 2:19:40 PM PDT by gibsonguy
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To: Innovative
Actually Congress has been given the power to exclude the courts from overview of the bills they pass.

Article III, Section 2. Paragraph 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

6 posted on 03/25/2018 2:20:25 PM PDT by Blood of Tyrants (Conservatives love America for what it is. Liberals hate America for the same reason.)
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To: goldstategop

Actually, the Congress did pass a line item veto, but it was held by the Supreme Court to violate to Presentment Clause.


7 posted on 03/25/2018 2:21:44 PM PDT by theoilpainter
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To: theoilpainter

They also said the President can’t impound funds, despite Thomas Jefferson himself being the first to do so.


8 posted on 03/25/2018 2:25:55 PM PDT by Shadow44
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To: goldstategop

“No. Congress cannot delegate its power to legislate to the executive.”

lolol. See our 4 trillion dollar ‘administrative state’.


9 posted on 03/25/2018 2:26:09 PM PDT by Electric Graffiti (Obama voters killed America...Treat them accordingly.)
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To: Innovative
Congress needs to get their act together and pass it.

Is Mnuchin not aware that Congress did pass a line item veto when Clinton was in office and the Supreme Court struck it down as unconstitutional? Really?

10 posted on 03/25/2018 2:27:14 PM PDT by DoodleDawg
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To: Innovative
Never going to happen. Violates separation of powers, so saith SCOTUS.
11 posted on 03/25/2018 2:27:45 PM PDT by hinckley buzzard
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To: Innovative

It was tried and found unconstitutional in the Clinton v. City of New York case. I know Breyer dissented and Scalia partially dissented. There may be something in the decision and dissent that Mnuchin believes could guide an acceptable statute.


12 posted on 03/25/2018 2:29:19 PM PDT by jjotto ("Ya could look it up!")
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To: goldstategop
No. Congress cannot delegate its power to legislate to the executive.

Is it really the executive legislating a bill?

The bill arrives at his desk and if there's unnecessary expenditures he picks them out and sends it back to Congress. More or less just a refined version of the standard veto.

Ross Perot used a great analogy in one of his TV presentations. That a bill begins as something good in Congress and then pork gets tacked onto it like rhinestones. The President should be able to pull out the rhinestones.

13 posted on 03/25/2018 2:30:29 PM PDT by Ciaphas Cain (Progressives are turning America into "Harrison Bergeron" as conceived by Ayn Rand.)
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To: hinckley buzzard

“Never going to happen. Violates separation of powers, so saith SCOTU”

Who violated the separation of powers in ‘defining’ what the legislative and executive can and cannot do under the Constitution. Irony.


14 posted on 03/25/2018 2:32:25 PM PDT by Electric Graffiti (Obama voters killed America...Treat them accordingly.)
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To: Blood of Tyrants

Yup. They should tell the busy body black-robed tyrants to stuff it. They don’t get to define the roles of the legislative and the executive branch under the constitution.


15 posted on 03/25/2018 2:34:44 PM PDT by Electric Graffiti (Obama voters killed America...Treat them accordingly.)
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To: Innovative

I shudder to think what Trump will give up next in exchange for this added power. And we’re just handing that power over to a one termed anyway. What happens after that?


16 posted on 03/25/2018 2:53:05 PM PDT by proust ("The rule is, jam tomorrow and jam yesterday, but never jam today.")
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To: goldstategop; Innovative; All

>
No. Congress cannot delegate its power to legislate to the executive.

Its called the separation of powers.

Only way to give the President item-line veto is to amend the Constitution.
>

Nor did We approve of Congress doing the same via bureaucracy (if they had ANY A1S8 authority to begin). Yet, the Courts see no issue there, eh?

At least the Presidency is an elected office. “...sent hither swarms of officers to harass our people, and eat out their substance.”....hmmm, rings a bell

I concur though, the Const. is solid on this point. Pres. can sign or veto; and here w/ this, yet another, Omni-craptastic, he should have done the latter.

Secretary Mnuchin should be tossed for even suggesting a ‘rule’ (aka skirt the Law\Constitution). Can’t ‘play’ w/in the rules? Get ejected from the ‘game’.


17 posted on 03/25/2018 2:56:11 PM PDT by i_robot73 (One could not count the number of *solutions*, if only govt followed\enforced the Constitution.)
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To: proust

>> What happens after that?

This rule would apply only to the current President. After that, there’s a sunset.


18 posted on 03/25/2018 2:59:41 PM PDT by Lisbon1940 (No full-term Governors (at the time of election!)
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To: Ciaphas Cain; goldstategop

>
Ross Perot used a great analogy in one of his TV presentations. That a bill begins as something good in Congress and then pork gets tacked onto it like rhinestones. The President should be able to pull out the rhinestones.
>

I can’t remember the last time a bill BEGAN in Congress that was ‘good’ (aka before it ‘became’ a steaming pile).

Problem w/ your analogy, and this topic in general, is when said pork is the ONLY think un-plucked.


19 posted on 03/25/2018 3:02:52 PM PDT by i_robot73 (One could not count the number of *solutions*, if only govt followed\enforced the Constitution.)
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To: goldstategop
Correct. Already been several SCOTUS cases covering this, one as recently as 1996,Clinton v. City of New York which struck down a line item veto statute passed by Congress.
20 posted on 03/25/2018 3:14:45 PM PDT by FredZarguna (And what Rough Beast, its hour come round at last, slouches toward 5th Avenue to be born?)
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