Yesterday Rudy Giuliani and Mitt Romney clashed over the constitutionality of the Presidential line item veto. I understand that SCOTUS has already ruled it unconstitutional in Clinton v City of New York . But as I understand it according to Scalia's dissent it should've been found constitutional because of The Nondelegation doctrine which evidently is an implied power of the Legislative Branch .

I think Rudi is wrong in his opinion and if he were ever elected would find the use of a line item veto attractive . He certainly exercised the options plenty of times when he was NYC mayor.

My question is ;Can legislation be passed that would give the President a line item veto without having to go the amendment route ?

Hello tom:

I don't know.

Having said that, you know I have an opinion. Constitutionally, congress makes the law. The president either signs the bill or veto's it. A line item veto, however would CHANGE the law being made. The pres can't MAKE law.

I don't even think an amendment would or could give the pres that right.

excon

Obviously an amendment would . They used amendments to fundamentally change how Senators get elected .

But not to worry . I don't see any of the recent amendments being floated having a chance of ever getting adopted . That includes marriage ;equal rights ,balanced budget ,or this .