Faking Out The Supreme Court
One of my favorite Scalia lines came in Clinton v. City of New York. In dissent, Justice Scalia would have upheld the constitutionality of the Line-Item Veto Act. He explains that the law in fact does not give the President the ability to veto individual lines of a budget–a power that some Governors have. That law, Scalia reasons, would violate the Presentment Clause. Instead, Scalia counters that the President’s power is far more narrow, and comports with the Presentment Clause. Why then does Justice Stevens’s majority opinion find the statute unconstitutional? Scalia blames the title of the law!
The title of the Line Item Veto Act, which was perhaps designed to simplify for public comprehension, or perhaps merely to comply with the terms of a
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