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Tuesday, July 25, 2006
Bruce Bartlett :: Townhall.com Columnist
A veto at last
by Bruce Bartlett
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On July 19, President Bush issued the first veto of his presidency on a bill to provide federal funding of stem-cell research. It is a good example of why presidents were given veto power by the Constitution.

I am reminded of some advice once given by former Sen. Bob Dole, Republican of Kansas. "You can never go wrong," he said, "voting for a bill that fails or against a bill that passes."

I've always remembered that because it was so true. The people who want a bill to pass will not mind if you voted against it as long as they end up getting it anyway. But the people who were opposed to the bill will remember that you stood with them.

I also remembered Dole's advice because it's one of those weird things that can be completely true for an individual, but cannot be generalized. Obviously, it is impossible for every member of Congress to vote for a bill that fails, nor can they all vote against a bill that passes.

Getting back to the veto, this is one way a majority of Congress can have their cake and eat it, too. They can support a politically popular bill that many would otherwise be compelled to vote against, knowing that the president will take the heat for keeping it from becoming law. There might have been many fewer votes for the stem-cell bill without the assurance of a veto.

Looking back over the history of presidential vetoes, it is clear that there was a lot of winking and nodding going on between Congress and the White House. Presidents often gave it a pass, allowing members to vote for bills that would aid them politically, but which were bad policy. By vetoing such bills, everyone was happy. And if presidents used a pocket veto, it couldn't be overridden, so Congress was saved from having to even try.

Franklin D. Roosevelt was the all-time champion at playing this game, issuing a record 635 vetoes, the bulk of which were pocket vetoes, despite large Democratic majorities throughout his presidency. Many of these were on private relief bills that the congressional leadership let slide through only because they were assured of a veto. Continued...

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About The Author

Bruce Bartlett is a former senior fellow with the National Center for Policy Analysis of Dallas, Texas. Bartlett is a prolific author, having published over 900 articles in national publications, and prominent magazines and published four books, including Reaganomics: Supply-Side Economics in Action.

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Subject: Sometimes a bad one gets through
Bartlett does a good job of explaining the gaming that goes on around presidential vetos. It's usually safe to assume that a decision to veto or not to veto is going to be based on how the President and his advisers perceive the possible consequences.

However, this does mean that sometimes a real stinker of a bill becomes law, such as McCain/Finegold. No one wanted to be seen as a supporter of "big money" in politics. I was really surprised that SCOTUS didn't blow it out of the water. Certainly the Court failed to follow precedent on this one.

I don't see any way to reduce gaming in the veto process. It's one part of the system that is unlikely to change.

Yes, but...
... one of the big problems with this cynical approach to governance is that sometimes you end up with something like McCain/Feingold, the biggest trampling of the First amendment in history.

Congress was sure the President would veto it - he didn't.

Bush was sure SCOTUS would toss it as unconstitutional - they didn't.

Now it's law; one of the worst laws ever.
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