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Professor Doug Kmiec’s comment on the line-item-veto is, in fact, inconsistent with the position taken by the Reagan administration. And although President Reagan had campaigned for a line-item-veto, he reluctantly concluded, as did Ed Meese and every other major intellect at the Reagan-Meese Justice Department, that the Constitution did not provide for it other than by amendment. While Kmiec uses an excerpt from Antonin Scalia, he does not cite to any of his colleagues in the Executive Branch during his service at Justice, nor can he. I am sympathetic to his other point, i.e., Rudy did not sue the federal government because he was concerned about its fidelity to the law, which was suggested by Professor Steve Calabresi the other day. He sued it because he didn’t want to slow the federal money flowing to his city.

If you want the line-item-veto, then get it the old-fashioned way: amend the Constitution, or try to.

(By the way, I have great respect for both professors as I worked with them at the Reagan-Meese Justice Department.)



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