ACL Chapter 4 pt 2

Veto Power

• The president has three options when presented with a bill:

  • Sign into law.

  • Veto it (reject it).

  • Take no action for ten days; if Congress is not adjourned, the bill becomes law automatically.

• Pocket Veto:

  • If Congress adjourns before the ten-day period and the president does not sign, the bill fails.

  • First used by James Madison in 1812.

  • Controversial due to questions about what constitutes "adjournment."

  • Supreme Court case Okanogan Indians v. United States (1929) upheld Coolidge's use of pocket veto.

• Notable Instances:

  • Reagan's Pocket Veto (1983): Vetoed a bill regarding aid to El Salvador.

  • Barnes v. Kline (1985): Court ruled that pocket veto was still applicable even if officers were appointed to receive messages.

Line-Item Veto

• Traditionally, the president must accept or reject an entire bill, leading to calls for the line-item veto to manage federal spending.

• 1996 Statute: Congress granted this power through law, not amendment.

  • Clinton v. City of New York (1998): Supreme Court invalidated the line-item veto law, arguing it allowed the president to amend legislation without constitutional procedures.

Appointment and Removal Powers

• The president nominates federal officials and judges with Senate consent (Article II, Section 2).

• President appoints:

  • Ambassadors.

  • Federal judges.

  • Various executive officials (some with only presidential discretion).

• Supreme Court Cases:

  • Buckley v. Valeo (1976): Struck down Congress's role in Federal Election Commission nominations.

  • Morrison v. Olson (1988): Upheld special prosecutor appointments as permissible.

Removal Power

• Unclear in the Constitution, viewed primarily through impeachment.

• Myers v. United States (1926): The president can remove appointees performing purely executive functions without Congressional consent.

• Humphrey's Executor v. United States (1935): Congress can limit removal of officials in independent regulatory bodies to actions for cause.

• Wiener v. United States (1958): Further established that removal from independent agencies requires cause.

The Power to Grant Pardons

• Article II, Section 2 grants the president power to pardon offenses except during impeachment.

• Acceptance of a pardon implies guilt, yet it restores innocence.

• Schick v. Reed (1974): Presidents can issue conditional pardons.

• Historical Example: Ford pardoning Nixon.

• Amnesties: Blanket pardons, such as Carter's for Vietnam draft evaders, which are less common.

Executive Privilege

• Presidents can withhold information from Congress and courts, although not explicitly mentioned in the Constitution.

• Originates from President Washington's use in the 1790s.

• Watergate Tapes: Nixon's executive privilege claim was denied by the Supreme Court in United States v. Nixon (1974) due to due process demands.

Presidential Immunity

• Presidents have broad immunity from civil suits relating to official actions, but not for private conduct.

• Nixon v. Fitzgerald (1982): Established absolute immunity for actions within the scope of presidential duties.

• Clinton v. Jones (1997): Confirmed that private conduct can lead to civil lawsuits.