The LIV Unconstitutional

Tony astaple at NWLINK.COM
Thu Feb 12 22:35:39 MST 1998

Maher, Steve (SD-MS) wrote:
> This is, unfortunately, true. IMHO the Line Item Veto is borderline
> unconstitutional. The Constitution gives the President the power to
> veto bills, of course, but says nothing about the power to veto
> *parts* of bills. There is discussion over whether vetoing part of
> a bill, falls under "vetoing the bill".

      I believe you are correct.  It is absolutely unconstitutional.

> BTW, Judge Hogan says (in the 3rd and 6th paragraph below), that
> COngress cannot delegate its lawmaking powers to the President.
> But, is this not exactly what Congress did in 1933, when it made
> Executive Orders legal, and regulatory agencies such as OSHA,
> EPA, etc.?

While I agree with the sentiment, Congress did not delegate its
lawMAKING authority.  It delegated the enforcement of the laws to these
various agencies.  It is true that these various agencies implement
rules regarding the laws through the CFR.  Executive orders deal with
actions of the government agencies and employees and are really not

Maybe this is splitting hairs, but I think it is an important

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