Justices Uphold Line-Item Veto Power of Governor
The California Supreme Court today affirmed a governor’s power to “item-veto” portions of legislation, saying it goes beyond a simple blue-penciling of budget items.
In a unanimous ruling, the justices upheld an appeals court ruling that left intact Gov. George Deukmejian’s extensive power to strike particular items from a bill that he finds unpalatable, without rejecting the entire measure.
Justice Stanley Mosk, writing for the entire court, cited the history of the veto and its “integral part of the system of checks and balances.”
The challenge, in a San Mateo County welfare case, was of the governor’s use of the line-item veto to dismantle the California Occupational Safety and Health Administration.
Efforts to resurrect Cal-OSHA could be affected by the ruling.
Governors have used the power in budget matters since it was made part of the state Constitution in 1879.
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