Governor of California’s constitutional powers: state
budget: items of appropriation: line-item veto: Governor’s use of the so-called
“line-item veto” under the asserted authority of article IV,
section 10, subdivision (e) of the California Constitution; on July
28, 2009, the Governor exercised his line-item authority to reduce or eliminate
several items contained in Assembly Bill 4X 1, and then signed the
measure into law. (Rev. 2009 Budget
Act.); the question presented by this case as a matter of first impression is
whether, after the Legislature has made midyear reductions to appropriations
that originally appeared in the 2009 Budget Act, the Governor’s line-item power
encompasses the authority to make further reductions; the Governor’s veto power
is more extensive with regard to appropriations. He may ‘reduce or eliminate one or more items
of appropriation while approving other portions of a bill.’ Such items may be passed over his veto in the
same manner as vetoed bills.
(Art. IV, § 10, subd. (e).)” (Harbor, supra, 43 Cal.3d at
p. 1084, italics added.); “In vetoing legislation, the Governor acts in a
legislative capacity, and . . . in order to preserve the system of
checks and balances upon which our government is founded, he may exercise
legislative power only in the manner expressly authorized by the
Constitution.” (Harbor, supra,
43 Cal.3d at p. 1084.) Because
the Constitution authorizes the Governor only “to veto a ‘bill’ or to reduce or
eliminate ‘items of appropriation,’ the Governor may not veto part of a bill
which is not an ‘item of appropriation.’ ”
(Ibid.); neither the so-called “item veto,” nor the “line-item veto”
allowing the Governor to eliminate or reduce items of appropriation, confers
the power to selectively veto general legislation. (Harbor, supra, 43 Cal.3d at
p. 1087; Lukens v. Nye (1909) 156 Cal. 498, 501-503.) The Governor has no authority to veto part of
a bill that is not an “item of appropriation.”
(Harbor, at pp. 1084-1085, 1088-1089.) “Article III, section 3 provides that
one branch of government may not exercise the powers granted to another ‘except
as permitted by this Constitution.’; we upheld the exercise of the veto,
finding that although the set-aside proviso took no new money from the state
treasury, the proviso nevertheless constituted “a specific setting aside of an
amount, not exceeding a definite fixed sum, for the payment of certain
particular claims or demands. . . . ; this court has held that
‘by a specific appropriation’ was understood ‘an Act by which a named sum of
money has been set apart in the treasury and devoted to the payment of a
particular claim or demand. . . . The proviso, therefore, appears to fill all
the requirements of a distinct item of appropriation of so much of a definite
sum of money as may be required for a designated purpose connected with the
state government.” (Wood v. Riley,
supra, 192 Cal. at pp. 303-304); although the precise
question whether reductions in appropriations are items of appropriation
subject to the Governor’s line-item authority is, as we have observed, a
question of first impression in this state, the Arizona Supreme Court answered
this question affirmatively in Rios v. Symington (1992) 833 P.2d 20 (Rios), a
case relied upon by the Governor. In Rios,
the court rejected the claim that the governor’s line-item veto power did not
extend to legislative measures decreasing prior appropriations: “When the Legislature transfers monies from a
previously-made appropriation, the obvious effect is to reduce the amount of
the previous appropriation. The
Constitution does not permit such reductions free of gubernatorial
oversight. To hold otherwise would
permit the Legislature to do indirectly that which it may not do directly, and
would seriously limit the Executive’s constitutional role in the appropriation
process. In our view, if the Governor’s constitutional power to line
item veto an appropriation is to mean anything, the Governor must be
constitutionally empowered to line item veto a subsequent reduction or
elimination of that appropriation.”
(Id., at p. 26.); the Governor’s line-item power does not give him
the last word. The Legislature retains
the ability to override the Governor’s reduction of items of appropriation in
the same manner as other bills, by separately reconsidering and passing them by
a two-thirds majority of each house.
(Cal. Const., art. IV, § 10, subds. (a), (e).) (Cal. S. Ct., 04.10.10, St. John’s v.
Schwarzenegger, S181760).
Saturday, April 10, 2010
St. John’s v. Schwarzenegger, S181760
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