Patrick Leahy: “today the United States Supreme Court held the Line Item Veto Act unconstitutional. I voted against that Act when it was…”

“today the United States Supreme Court held the Line Item Veto Act unconstitutional. I voted against that Act when it was considered by the Senate and joined the senior Senator from West Virginia and others in warning giving the President, any President, line item veto authority would result in a dramatic shift in power from the legislative branch to the executive branch that was inconsistent with the constitutional principles of separation of powers. We warned that this shift in power that would damage our fundamental principle of majority rule, encourage horse trading between Members of Congress and the President, and not reduce the deficit in any meaningful way. Unfortunately, all of those warnings have come true. In 1997 I called upon Congress to admit its mistake and repeal this unconstitutional Act before the courts struck it down. Congress was given a second opportunity to correct its ill-considered action when the Supreme Court dismissed, on the limited ground of lack of standing, the challenge brought by Senator Byrd. In that case, Byrd v. Raines, District Judge Jackson had ruled that the Act violated the Constitution. Having failed to do its job properly, the majority in Congress is now confronted with a Supreme Court that was forced to do the Congress' job. Consistent with its judicial power under the Constitution, the Supreme Court has once again had to preserve the Constitution from legislative attack.”