Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
BREAKING NEWS  LeftArrow - Townhall.com : Conservative, Political, Republican   RightArrow - Townhall.com : Conservative, Political, Republican  
Columns, funnies & more in your inbox!
  • Check the boxes and send us your email address to receveive your free newsletter
  • Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
  • Townhall.com’s weekly inside scoop on what’s happening behind the scenes in the world of politics. When news breaks, we report.
  • Signup to receive the latest daily Townhall cartoons
Tuesday, July 25, 2006
Bruce Bartlett :: Townhall.com Columnist
A veto at last
by Bruce Bartlett
Vote on It:
Average Vote:
[+] Text [-]
 
Poll
Was the Copenhagen Global Warming Summit Walk-Out a Win for the U.S.?


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.

Over the years, the ability of Congress and the White House to play this mutual back-scratching game has diminished for various reasons. A key one is that Congress passes many fewer bills than it used to. Legislating tends to be done largely by amendment to large bills that are harder to veto.

This has increased Congress's power relative to the president, but it has also cost Congress the opportunity to play the Dole game. It is harder for it to say no to anyone, giving rise to increasing numbers of pork-barrel projects and special deals that are unjustified on public policy grounds. This is why Bush has repeatedly asked for line item veto authority.

The problem is that it isn't only in appropriations bills where problems lie. Moreover, much of the waste in this area is already under the president's control because the spending is specified in what is called report language that does not carry the force of law. Bush could in effect veto this stuff now if he wanted to. Because of his support for so many big spending initiatives, such as the Medicare drug bill, Bush lacks credibility as a guardian of the public purse, making it appear as if his calls for a line item veto are just a way of diverting attention from his own failure to control spending.

In response, the White House points to the fact that Bush often issues veto threats -- 135 times through May, according to the Office of Management and Budget. But with no actual vetoes ever forthcoming, such threats have lost a great deal of credibility over time. Congress now mostly ignores them.

It has always amazed me that a president who understands so clearly that diplomacy must be backed by force to be effective in the international arena should be so oblivious to the fact that the same thing applies domestically as well -- veto threats must be backed by actual vetoes from time to time if they are to be credible. I believe that just one veto of a spending bill back in 2001 would have saved the nation from tens of billions of dollars of wasted spending.

When conservatives complain to the White House about its veto-phobia, they are always told that Republican control of Congress is the main reason. But as Brookings Institution scholar Kathryn Dunn Tenpas points out in a new paper, in the postwar period, presidents before Bush averaged two vetoes per year during times when their own party controlled Congress. Bush is clearly an anomaly.

Share:
Vote on It:
Average Vote:
 
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.

Be the first to read Bruce Bartlett's column. Sign up today and receive Townhall.com delivered each morning to your inbox.

©Creators Syndicate
Is it me or do other people see it too?
I barely started reading this article when THE thought hit me. ANOTHER COLUMNIST who needs to learn the kiss principal. The members of the press have gotten so impressed with their ability to say so much about nothing they say nothing about everything. SON Stick to the KISS principle: KEEP IT SIMPLE STUPID! write your article very direct and with a minimal word count. Then read it doesit state exactly what you mean? If not start over if yes then add a few more words. The worst part here is in all the extra gobbledy gook You even missed the point of Mr Doles words. They were not about who you are with. In your rush you took the quote out of context, you see he was referencing the tendency of elected officals to try to cover their tails and look the goodguy during election by the way they vote on unpopular issues. We recently had a prime case of this,with the vote on the amnesty for illegal aliens

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.

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.
Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.