Discussion of Clinton v. State of New York

The Constitution gives the President three discrete functions following bicameral adoption of a bill in Congress. First, he may elect to sign it. Second, he may veto the bill and return it with a statement of his objections to the house of Congress in which the bill originated. Finally, he may do nothing, in which case the bill becomes law without his signature, unless the Pocket Veto Clause applies. The Constitution proscribes in great detail …

…to go unchecked. I couldn’t describe the Court’s actions in regard to the line item veto as activism, other than to correct the actions of an overly ambitious Congress. The Court merely used the Constitution as a self-correcting mechanism. This might be construed as self restraint but I’d rather view it as the middle ground. No one struck out for new territory and no one denied action of an agreed upon sort.