Line Item Veto Act - could congress override any vetoed line by the usual 2/3 rule?

The Line Item Veto Act of 1996 was quickly reviewed and deemed unconstitutional by SCOTUS (by a 6 to 3 vote).

As I understand it (i.e. not well), the Act gave the President the power to selectively veto specific items from a bill brought forth from Congress.

Did the bill say anything about allowing for Congress to override the President’s line veto(s) with a 2/3 majority? Or, was that a given? The answer may be in here I suppose, but I got headache even skimming it.


The process was slightly different than what you probably think it was. It went like this:

  1. A spending or tax bill is enacted by any means (President signs, veto override, whatever)
  2. After enactment, the President could send a “cancellation” message to Congress
  3. Upon receipt by Congress, the proposed funding is cancelled.
  4. Subsequent legislation, enacted by any means, could restore the cancelled funding.

Ever so slightly.:wink:

Thank you for being tactful! And thanks for setting me straight.

Many states have a line item veto. Here in Missouri, the Governor is allowed to veto a specific line item on an appropriations bill. The General Assembly can override this veto with the usual ⅔ majority in both houses.

If there were a federal line item veto, it would be Congress who would write it and therefore I would assume allow means to override the veto.