1. Byrds Of A Feather Spend Together
2. How Mayor Giuliani Went To Court And Killed The Presidential Line-Item Veto

How Giuliani Killed The Line-Item Veto:

In 1997, New York Mayor Rudy Giuliani Challenged The Constitutionality Of The Line-Item Veto. "New York Mayor Rudolph Giuliani challenged the constitutionality of the presidential line-item veto on Thursday in a federal lawsuit seeking to keep New York from losing Medicaid funds. President Clinton's August veto 'unfairly targets the city and the state of New York,' Giuliani said. The suit was filed in U.S. District Court here." (Tom Raum, "N.Y. Mayor Fights Line-Item Veto," The Associated Press, 10/16/97)

Giuliani Successfully Sued All The Way To The Supreme Court To Have The Presidential Line-Item Veto Declared Unconstitutional. "Here's a little nugget from the past, a tale that may offer some insights into the next stage of the GOP presidential race, and the fortunes of front-runner Rudy Giuliani: The date is the mid-1990s, and Republicans have swept Congress with their Contract with America. A top promise is greater fiscal responsibility, and a crucial element of that is a vow to pass a line-item veto and give the president the power to weed out pork. In 1996 Republicans are as good as their word, and grant the opposition's Bill Clinton a broad new power to strip wasteful spending. Mr. Clinton is enthusiastic, and in August 1997 uses his tool for the first time to strike down a special-interest provision tucked in a bill. That provision gives New York hospitals a unique right to bilk extra Medicaid money, and the veto is expected to save federal taxpayers at least $200 million. Quicker than a Big Apple pol can say 'pork,' New York officials sue, challenging the line item veto's constitutionality. That suit, Clinton v. City of New York, goes all the way to the Supremes, which in 1998 put the kibosh on veto authority. The kicker? The guy who brought the suit and won--or, rather, the guy who helped stall one of the more powerful tools for reining in government spending--was none other than former New York City Mayor Rudy Giuliani." (Kimberley A. Strassel, "Rudy's Big Apple Baggage," The Wall Street Journal, http://www.opinionjournal.com, 4/13/2007)

In The Dissent, Conservative Justice Antonio Scalia Wrote That The Line-Item Veto Is "Entirely In Accord With The Constitution." "In a dissent joined by Justices Ruth Bader Ginsburg and Stephen Breyer, Justice Antonio Scalia said opponents of the veto had 'succeeded in faking out the Supreme Court.' He called the authority 'entirely in accord with the Constitution.'" (Richard Sisk and Frank Lombardi, "City Gains 1.2B From Line-Item Veto Ax," New York Daily News, 6/26/98)

Giuliani Praised The Decision As A "Very, Very Big Victory For New York City And For New York State." "Mayor Giuliani called the ruling a 'very, very big victory for New York City and for New York State' that would keep in place the federal Medicaid reimbursement formula for hospitals serving poor patients without insurance. 'Why the Clinton administration, that began on a note of wanting to give universal health care, ended up vetoing this particular area of legislation as a political matter, I will never understand,' Giuliani said." (Richard Sisk and Frank Lombardi, "City Gains 1.2B From Line-Item Veto Ax," New York Daily News, 6/26/98)

Now Running For President, Giuliani Supports A Line-Item Veto For The President. From Giuliani's 12 Commitments: "Propose a Constitutional Amendment Establishing a Presidential Line-Item Veto: A constitutional line-item veto would allow the President to fight for the national interest by cutting wasteful special interest programs without contributing to gridlock by vetoing an otherwise sound bill." (Giuliani For President Website, www.joinRudy2008.com/commitment.php?num=3, Accessed 7/7/2007)

How Mayor Giuliani "Beat" Conservatives By Killing The Line-Item Veto

"For A Classic Example Of The Politics Of Self-Interest, You Can't Beat New YorkMayor Rudolph Giuliani's Challenge To The Line-Item Veto. ... This Is No Disinterested Argument Over Constitutional Principles. Giuliani Wants His Piece Of The Pie, And Doesn't Care Who Gets Hurt In The Process." (Editorial, "Rudy Gets It All Wrong," Boston Herald, 10/19/97)

FACT: Mayor Giuliani Celebrated The End Of The Line-Item Veto Because It Restored Pork For New York:

In 1998, Mayor Giuliani Praised The Death Of The Line-Item Veto As A "Very, Very Big Victory For New York City And For New York State." "Mayor Giuliani called the ruling a 'very, very big victory for New York City and for New York State' that would keep in place the federal Medicaid reimbursement formula for hospitals serving poor patients without insurance. 'Why the Clinton administration, that began on a note of wanting to give universal health care, ended up vetoing this particular area of legislation as a political matter, I will never understand,' Giuliani said." (Richard Sisk and Frank Lombardi, "City Gains 1.2B From Line-Item Veto Ax," New York Daily News, 6/26/98)

Mayor Giuliani Still Gleefully Boasts How He "Beat" The Line-Item Veto. GIULIANI: "The line item veto was unconstitutional. I took Bill Clinton to the Supreme Court and beat Bill Clinton. It's unconstitutional. What the heck can you do about that, if you're a strict constructionist?" (CNBC, Republican Presidential Candidate Debate, Dearborn, MI, 10/9/07)

FACT: Sen. Robert Byrd (D-WV) Celebrated The End Of The Line-Item Veto, Which Threatened His Pork:

Sen. Robert Byrd (D-WV) On The End Of The Line-Item Veto: "This Is A Great Day For The United States..." SEN. BYRD: "This is a great day; a great day for the United States of America, a great day for the Constitution of the United States. And I am happy and gratified at the decision that has been reached..." (Sen. Robert Byrd, Press Conference, 6/25/98)

• Sen. Byrd Knew The Line-Item Veto Threatened His Ability To Bring Pork Back To His State. SEN. BYRD: "Now, as you fine people know, I fight to give to this country infrastructure, believing in it; that it helps the economy, and it's good for the national defense; it puts people to work and so on. There have been situations in which I have had items in appropriation bills. ... But The Line-Item Veto would be a powerful and very persuasive instrument to use on me or any other senator. It's a convincing tool, because I know what the people of West Virginia need. I've fought for their needs for 40 years. And I know that that line item veto could be useful to any president." (Sen. Robert Byrd, Press Conference, 6/25/98)

"Sen. Robert C. Byrd, Long The Prince Of Pork On Capitol Hill, Declared That If The Court Strikes Down The line item veto, It Would Be 'My Christmas Wish Come True.'" "The Supreme Court has now ruled the line item veto unconstitutional. The pro-spending lobby in Washington is uncorking bottles of champagne. ... In fact, last December, Sen. Robert C. Byrd, long the prince of pork on Capitol Hill, declared that if the Court strikes down the line item veto, it would be 'my Christmas wish come true.' Merry Christmas, Mr. Byrd." (Stephen Moore, "Regrouping To Revive Line-Item," The Washington Times, 6/30/98)

1. Rudy stopped the line-item veto.

• “What we have here is a fundamental disagreement over tax policies affecting American families. Mayor Giuliani crusaded against the line-item veto and fought very hard to keep a commuter tax burden on hardworking taxpayers. Governor Romney strongly disagrees with Mayor Giuliani on those issues, since the line-item veto helps reduce wasteful spending and families ought to be protected from higher tax burdens, instead of having their mayor file lawsuits in court in an effort to keep them.”
  • Kevin Madden, Romney for President campaign spokesman