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A bow to fiscal conservatism.


As the curtain rises on his second term, President Bush doesn't lack for opportunities to secure an enduring legacy. In addition to prosecuting the war on terrorism Terrorist acts and the threat of Terrorism have occupied the various law enforcement agencies in the U.S. government for many years. The Anti-Terrorism and Effective Death Penalty Act of 1996, as amended by the usa patriot act , the president has indicated that he wants to reform Social Security, simplify the nation's tax code, and institute health savings accounts--all noble yet formidable challenges.

Here's one additional item for that legacy portfolio: a bow to fiscal conservatism  Fiscal conservatism is a political phrase term used in the United States to attack government spending and advocate instead lower spending and a lower federal debt; it may also include higher taxes in order to lower the debt.  by restoring presidential line-item veto line-i·tem veto
n.
Authority, as of a government executive, to reject provisions of a bill individually. Also called item veto.
 authority.

In June 1998, only two years after a Republican Congress and a Democratic president agreed that line-item vetoing was a necessary means to curb Washington's spending appetite, the Supreme Court struck down the president's ability to remove individual projects from congressionally approved legislation. Instead, the president can sign or veto spending and tax bills only in their entirety.

Not surprisingly, Congress has taken full advantage of the situation. According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the budgetary watchdog Citizens Against Government Waste, Congress this past year approved more than 10,600 "pork" items totaling nearly $23 billion--a 13 percent increase over the previous year--at a time when the federal deficit surpassed $422 billion and the national debt topped $7.5 trillion.

With Washington drowning in a sea of red ink red ink Health administration A popular term for financial losses. Cf in the Black. , the timing is right to restore line-item authority. The only question is how to proceed.

Here are three options:

1. Constitutional Amendment. Separate bills currently before the House and Senate would restore line-item authority by amending the Constitution. Although the approval process is steeper (a two-thirds vote in both chambers of Congress, plus 38 states' approval), it improves the chances of a new law surviving an all-but-certain constitutional challenge by line-item opponents.

2. Impoundment An action taken by the president in which he or she proposes not to spend all or part of a sum of money appropriated by Congress.

The current rules and procedures for impoundment were created by the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C.A.
. Up to 1974, presidents enjoyed a power known as impoundment: if a president didn't think an appropriation was appropriate, he didn't spend the earmarked money. But amid Watergate and its various intragovernmental power struggles, Congress restricted impoundment. Three decades later, Congress should right that wrong and give the president the ability not to spend money allocated by Congress if that spending is deemed unnecessary.

3. Enhanced Rescission The abrogation of a contract, effective from its inception, thereby restoring the parties to the positions they would have occupied if no contract had ever been formed. By Agreement . The president does have one option: he can rescind To declare a contract void—of no legal force or binding effect—from its inception and thereby restore the parties to the positions they would have occupied had no contract ever been made.


rescind v.
 "pork" items and send an entire spending bill back to Congress for reconsideration. However, Congress holds the trump card: if it doesn't act, the president's rescission is automatically rejected. A simple remedy for this would be "enhanced rescission" authority whereby Congress would be forced to vote on the president's request within forty-five to sixty days, thus forcing members to go on the record as for or against fiscal excess.

Will these reforms dramatically reverse the rising deficit tide? Probably not. In the eighteen months that he enjoyed line-item veto authority, President Clinton targeted only eighty-two programs, thirty-eight of which were restored by Congress for an overall savings of a mere $2 billion--a drop in the federal bucket.

Nevertheless, it would send a positive message to a cynical public: if Washington can't halt runaway spending, at least it is willing to hand over the reins to the president and let him try to slow down the horses.

Bill Whalen is a research fellow at the Hoover Institution The Hoover Institution on War, Revolution and Peace is a public policy think tank and library founded by Herbert Hoover at Stanford University, his alma mater. The Institution was founded in 1919 and over time has amassed a huge archive of documentation related to President .
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Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Author:Whalen, Bill
Publication:Reason
Geographic Code:1USA
Date:Mar 1, 2005
Words:512
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