Legislation and Statutory Interpretation Law 5745

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Legislation and Statutory InterpretationLaw 5745

• Professor Richard C. Reuben
• Class 7-1
• February 26, 2008

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Missouri Rules for LobbyistsRSMO 105.473

• Categorizes lobbyists
• Executive lobbyists
• Legislative lobbyists
• Judicial lobbyists
• Trigger for Legislative Lobbyist
• any natural person who attempts to influence the
  taking, passage, amendment, delay or defeat or
  any action on any bill, resolution, amendment,
  nomination, appointment, report, or any other
  action, or any matter pending before the
  legislature, either the state house or the state
  senate.
• And in connection with that activity, is either
• acting in the ordinary course of employment in
  which the primary purpose is to influence the
  legislature
• is engaged in pay or other valuable consideration
  for such activities
• is designated as a lobbyist
• or makes a total expenditure of 50 or more
  during the twelve month period beginning January
  1 and ending December 31 of any year. or makes a
  total expenditure of 50 or more during any
  twelve month period for the benefit of a public
  official
• Requires
• registration as a lobbyist 10
• identification as a lobbyist when testifying
• monthly reporting with Missouri Ethics Commission

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Rules for Facilitating Legislative Deliberation

• Rules Against Special Legislation
• Purpose assures legislation has public purpose
• Branson case closed ended categories
• Rules Requiring Uniformity
• Purpose Assures equality of treatment
• The Single Subject Rule
• Purpose Fosters public understanding and
  deliberation
• Prevents surprise
• prevent log-rolling
• Assures votes are on the whole bill, not just a
  part
• Hammerschmidt case germane, connected,
  congruous

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Analyzing a Single Subject Rule Problem

• Does the Single Subject Rule Apply?
• Is subject matter germane, connected and
  congruous?
• Has it been violated? Look to purposes
• Facilitate orderly legislative deliberation,
  proceedings
• Prevent log-rolling
• Prevent surprise
• Assure legitimacy of process by assuring public
  participation on each legislative issue
• effect to gubernatorial veto
• What is the effect of violation on statute?
• Invalidation vs. severance

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Line Item Veto

• Authorized by constitution or statute in majority
  of states
• Primarily focused on appropriations bills, but a
  few states go further
• Permits executive to cancel out a particular
  spending provision
• Balance budget (often required of states)
• Political advantage
• Save money for other things
• Purposes balance budget
• Ameliorate log-rolling and pork-barrel politics
• A scalpel that permits precise fine-tuning of
  budget

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Rush v. Ray (Iowa, 1985)

• Key facts
• Iowa passed 5 appropriations bills, all of which
  included provisions preventing expenditure or
  transfer of appropriated funds for any purpose
  other than one specified
• Gov. Robert Ray strikes
• provisions with line item veto
• What does the legislature
• argue in challenging the strike?

Gov. Mrs. Robert Ray
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Other approaches

• Washington lets legislature decide when an
  appropriation is an item
• Wisconsin Gives governor broad latitude in
  making line item vetoes
• Upheld Vanna White veto

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Federal Line Item Veto

• Passed in 1996, but struck down by U.S. Supreme
  Court in Clinton v. New York
• Clinton made several line item vetoes in Balanced
  Budget Act of 1997, including
• one that waived the Federal Government's
  statutory right to recoupment of as much as 2.6
  billion from the State of New York
• One that permitted the owners of certain food
  refiners and processors to defer recognition of
  capital gains if they sold their stock to
  eligible farmers' cooperatives.
• Held Line item veto violated Presentment Clause
• Under the Presentment Clause, after a bill has
  passed both Houses, but before it becomes a Law,
  it must be presented to the President, who shall
  sign it if he approves it, but return it,
  i.e., veto it, if he does not.
• Line item veto permits president to amend law
  without bicameralism and presentment
• President has no constitutional power to amend or
  repeal a statute

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Other federal possibilities

• Impoundment President may simply choose not to
  spend allocated funds
• Separate enrollment Each appropriation is
  separately enrolled
• Expedited recission Procedure by which president
  sends Congress his cancellations, which by
  internal rules would be considered quickly before
  the final bill is voted on
• Generally considered constitutional because
  decision not to spend money is left to Congress