State Item‐Veto Legal Issues in the 1990s

In: Public budgeting & finance, Band 20, Heft 2, S. 49-73

Abstract

During the 1990s, legal issues arising from governors exercising their item‐veto powers were prevalent. These issues arose despite the fact that in most instances, state constitutions grant these powers to governors. Also, legal issues were prevalent, even though these powers had been exercised for decades; one might have expected that most legal issues would have been resolved long before the 1990s. Topics in court included standing, advisory opinions, definitions of 'appropriation' and 'item,' reasons used by governors in exercising the veto power, post‐adjournment vetoes, and labor relations in conjunction with item‐vetoes that affect personnel. The item‐veto cases need to be considered in the broader context of state government, which encompasses such topics as initiatives and referenda, biennial budgeting, school desegregation mandates by courts, and balanced budget requirements. No single topic dominated litigation in the 1990s, but instead a breadth of topics was evident.