From: gorney@picard.med.ge.com (Felix Gorney Mfg 4-6983)
Subject: Re: Argument for broadening the veto power (Re: Who's weakening the constitution?)
Organization: GE Medical Systems, Magnetic Resonance
X-Newsreader: TIN [version 1.1 PL6]
Date: Mon, 21 Dec 92 08:16:01 GMT

:        I think that it is an insane policy to have the government simply 
: "try things out" and then see if the courts let them get away with it.
:

Every elected body in this country, as well as every regulatory agency, 
and indeed every govt. organization have been doing just this to the 
American people for 100 years now. Most of our govt. is unconstitutional,
and the courts have indeed let them get away with it.


: >Bush of course wanted to 
: >remain non-confrontational, but look where it's got him. If Clinton has the 
: >guts, which I doubt, maybee, he'll try this approach.                 
: 
:        Whether Clinton does so or not should be based on what the 
: Constitution says, not on how much guts he has.  Guts is following his oath 
: to protect and defend the Constitution, not try to get away with things 
: because that's the politically expediant thing to do.
:

Let me try to explain this one more time. There is indeed a question as to
whether the founders of the Constitution intended that a single bill
could contain more than one item/subject. The founders after all counted
on the common sense, and honesty of the members of Congress. Had they 
forseen the contept that our congress has for thease ideals, they may
have written the Constitution in much more detail. Nevertheless, for the 
issue to be settled properly, it MUST come before the supreme court. The 
only other alternative is for an amendment spelling out a line item veto. 
However, if Congress never had the authority to put more than one subject
or item in a bill, then a line item veto would be unnecessary. However,
the president cannot simply say' "lets go ask the Supreme Court."
The court does not work that way. It must have a case tried before it. 
The only way for this to happen is for the president to claim that
the actions of Congress (relating to what they put in a Bill) are
unconstitutional, or for him to use a line item veto, in which case 
Congress will bring the issue before the court. The president then 
would claim that each item should be considered a seperate bill. No one
is trying to circumvent the Constitution. The Supreme Court is there to
settle issues like this. This is how the system is supposed to work. 
Doing this, however would entail risk, and a confrontation, which is
why the court almost always refuses to hear constitutional issues. If 
the court ruled that Congress never had the authority to put more than
one item in a bill, then the majority of the legislation on the books
could be considered invalid. None of the parties involved, has the 
courage to face this posibility. Not to mention the American people. 
Simply to threaten to bring this issue before the court, however,
could clear the way for the passage of an amendment. Congress would be 
asked to curtail their own abusive power, and the states would be fearfull
of losing govt. handouts. Therefore, the only way this issue may be solved
is to take it to the Supreme court. 

Felix Gorney

 
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