Line item veto proposal

Scarberry, Mark Mark.Scarberry at pepperdine.edu
Tue Mar 7 14:17:06 PST 2006


Each house would retain, I think, the right to change its rules
unilaterally, even if the rules were set by statute. But setting the rules
by statute would generate a uniform approach in both houses, and one which
either house would change unilaterally at the political peril of its
members.
 
Mark S. Scarberry
Pepperdine University School of Law
 
 

  _____  

From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Ilya Somin
Sent: Tuesday, March 07, 2006 1:55 PM
To: Sanford Levinson
Cc: DavidEBernstein at aol.com; conlawprof at lists.ucla.edu
Subject: Re: Line item veto proposal


As something of a formalist, I don't think that this"formalist" objection
would work. Article I gives each house of Congress the power to set its own
rules.  A rule that says that proposals emanating from the baseclosing
commission or the Bernstein Anti-Pork Commission must get an up or down vote
without amendment is one that seems well within  this internal rule-making
power. 

To preempt a possible objection, I should note that I take a similarly broad
view of  congressional power to set internal rules even in cases where it
may go against conservative or libertarian interests. For example, I see
nothing unconstitutional in Democratic senators' efforts to filibuster
Bush's judicial nominees, despite the arguments of some conservative legal
scholars to the contrary.

Sanford Levinson wrote:


I'd have no particular objection to such a proposal.  I suppose some
formalists would argue that this requires a constitutional amendment.  
 
sandy

  _____  

From: conlawprof-bounces at lists.ucla.edu
<mailto:conlawprof-bounces at lists.ucla.edu>
[mailto:conlawprof-bounces at lists.ucla.edu
<mailto:conlawprof-bounces at lists.ucla.edu> ] On Behalf Of
DavidEBernstein at aol.com <mailto:DavidEBernstein at aol.com> 
Sent: Tuesday, March 07, 2006 3:22 PM
To: conlawprof at lists.ucla.edu <mailto:conlawprof at lists.ucla.edu> 
Subject: Re: Line item veto proposal


How about a National Pork-Ridding Commission, modeled on the baseclosing
commission, to meet annually, after budgeting is through, to evaluate, and
recommend defunding of, earmarks before the money is actually spent. Up or
down vote thereafter, as with the base closings.
 
In a message dated 3/7/2006 4:19:12 PM Eastern Standard Time,
SLevinson at law.utexas.edu <mailto:SLevinson at law.utexas.edu>  writes:

I would be far more willing to support such a proposal, which I think
speaks to a real problem--i.e., runaway pork because of the incentives
of legislators to seek rents for their constituents and log-roll with
others for support--if I trusted presidents more.  But it is foolish
beyond measure to view the president, whether Republican or Democrat, as
a "virtuous Madisonian" who will use the veto axe in a disinterested
manner.  Instead, she will (inevitably) use it as a mechanism for
rewarding political party friends and going after partisan enemies.  I
see no good reason to give added power at this time to an already
overpowerful presidency.  There are other ways to go after pork.

sandy 

 
David E. Bernstein
Visiting Professor
University of Michigan School of Law
Professor
George Mason University School of Law
http://mason.gmu.edu/~dbernste <http://mason.gmu.edu/~dbernste> 


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-- 

Ilya Somin

Assistant Professor of Law

George Mason University School of Law

3301 N. Fairfax Dr.

Arlington, VA 22201

ph: 703-993-8069

fax: 703-993-8202

e-mail: isomin at gmu.edu <mailto:isomin at gmu.edu> 

Website: http://mason.gmu.edu/~isomin/ <http://mason.gmu.edu/~isomin/> 
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