AUGUSTA, Maine — The governor’s line-item veto power, which is at the eye of the latest budget storm in the State House, had remained dormant since 1995 when Maine voters overwhelmingly authorized the idea.
That year, the Legislature was divided nearly evenly between Democrats and Republicans. The independent governor at the time, Angus King, advocated its passage.
King said then that the ability to strike lines from a budget would fine-tune the relationship between the governor and Legislature, which the past week’s events in Augusta showed can be rocky and confrontational.
King also promised to use the power sparingly. That turned out to be more than true: No governor used the line-item veto until April 14.
That’s when Gov. Paul LePage scratched out two items in a budget-balancing bill dealing with general assistance and Medicaid funding for institutional care. Suddenly, this long-spared power of the governor roared to life.
But the line-item veto power itself was not at issue as the two parties fought over procedures for responding to the governor’s action and issues raised by LePage’s erasure of the general assistance item. Democrats saw the majority Republicans’ refusal to take up the vetoes as an abrogation of their duty, while GOP leaders said the larger issue of welfare funding can be addressed in the weeks ahead.
Now that it has had a test drive, the line-item veto may become a more frequently used option for governors in Maine, said Mark Brewer, assistant political science professor at the University of Maine.
“Absolutely we’re going to see it used here, by Governor LePage or governors that come after him,” said Brewer, adding that he’s amazed it had not been used before.
Maine’s proposal gained traction a few months after Congress gave the same power to the president, with promises it would lead to a more fiscally disciplined government. The federal line-item veto since has been taken away.
During Maine legislative debates on the issue, the bill’s sponsor, then-Rep. George Kerr, a Democrat from Old Orchard Beach, said the bill included adequate safeguards against abuse by governors. Supporters also pointed out that a line-item veto could be overridden by majority votes in each house of the Legislature, less than the two-thirds majorities needed to override regular vetoes of bills.
“If you can’t get a simple majority, then it probably wasn’t too good an idea to begin with,” Dana Hanley, then a Republican senator from South Paris, said at the time.
But Elizabeth “Libby” Mitchell, a Vassalboro Democrat who was assistant House majority leader, warned against it, saying the line-item veto tilts the balance of power between legislative and executive branches toward the governor.
Legislative records show that the line-item veto was debated 14 times in the Legislature between 1963 and 1993, and each time it was defeated. But once it was passed by the Legislature, the idea was ratified by more than 70 percent of the voters. At the time, only six other states didn’t have the provision.
The National Conference of State Legislatures says 44 states today have line-item vetoes.
After it first went on the books, the line-item veto generated confusion in the State House, enough that lawmakers and King asked the state Supreme Court for advice on how it would work. In their response, the justices said it wouldn’t give too much power to the governor.
It’s high time the current Governor be taken down a peg by the Voters. Please remember in November Mainers! This 17 year old Power must be reversed and the Governor must be replaced.
It’s a no-brainer: vote out his enablers, right? Their voting records are out there for all to see and think about.
Good luck replacing the Governor in November. You may have a better chance in 2014 but don’t count on it.
There is nothing wrong with a line item veto. It should be teated the same way as a blanket veto. As in any veto it gets thrown back at the legilature to see if the veto gets overturned or not.
Except in the Republican/MHPC/ALEC/Tea Party led Maine Legislature.
While I am not a fan of Paul Richard LePage I have to say that in this particular case he did nothing wrong. The law in Maine allows a Governor to use a line item veto. Just because LePage was the first to use it does not make it wrong. What is wrong however is the way Republican Leadership in both the House and Senate handled what happened after LePage’s veto. Maine House Speaker Bob Nutting’s reasoning for not calling the Maine Legislature back to deal with the veto does not pass the straight face test. Supposedly a poll of members of the legislature was conducted but for some reason there is no record of how individual legislators responded. Earlier this year Republicans were criticized for the manner in which they declared a winner in the Presidential Caucus even before all of the caucuses were held. Maine Republican Chairman “Crazy” Charlie Webster was the point man for that debacle. Now we have a supposed polling of the republican members of the legislature with Speaker Nutting declaring that members of his party declined to return to Augusta to deal with the Governor’s veto. I believe in second chances. However in light of Mr. Nutting’s prior questionable business ethics when he was the owner of a pharmacy that over billed DHHS for the sale of incontinency and other supplies to Medicaid beneficiaries over a five-year period from 1997 to 2001 it would be reasonable to expect that Mr. Nutting would do everything in his power to conduct legislative business in and open and above board manner. It has long been said that cream rises to the top. It is also known that scum also rises to the top of the pond..
Thanks for this..I don’t know much about line item vetoes or Maine’s law but it seems like a good idea in principle..after all what is balance of powers all about if there aren’t mechanisms ( overides, super majorities etc.). The dynamics of the legislative process are very differet from the dynamics of the executive branch.
Am I being too naive here or does this mean that in effect many members of the legislature who didn’t want their name associated with opposing what the Governor has line item vetoed are very glad he was willing to do that? Is it possible even that that was “the deal”? That he would do it and they would guarantee it never came up for an override?
Is it possible that even some? many? dems are not so unhappy about these line item vetoes and grateful they didn’t have their names associated with cuts in these areas?
Is it possible that many more than we can imagine in both parties are grateful that Mr. Nutting isnt revealing the straw poll?
You nailed it the Democrats are voting for these cuts and are trying to spin it like they were duped into voting for them LOL. Democrats are playing both sides of issues once again. They did it when they were in power and are doing it again now. They know once the people really find out the truth and find out that the majority of Democrats have been voting for these cuts they will be getting the boot themselves. Emily Cain, Justin Alfond, Cynthia Dill, Peggy Rotoundo, John Martin, Barry Hobbins, Diane Russell, Bill Diamond and company need to start explaining themselves to their supporters. They better start speaking up because its all on Public Record.
Say what?
The Democrats compromised by agreeing to reduce state compensation for general assistance to service centers from 90 percent to 85 percent.
What in the world are you talking about when you say the Democrats are claiming they were “duped” into lowering the compensation?
Ryan you are wasting your time. It is like a spoiled child who acts up just to get attention. Thanks for the Auditorium vids. They are appreciated
Democrats always love to spin it that they never had any part of these votes. Even when you read press releases from Democrat Party Chairman Ben Grant he always spins it as well that Republicans are solely to blame for everything. Wrong Democrats always have had their fingerprints on every vote as well from the Budget, cutting Welfare Programs, to selling Fireworks, to wanting more Casinos. They are hypocrites they have some of their folks vote on these issues to get the process started but cry wolf when the programs get cut. Take Fireworks every Democrat voted for it in some way or another but they are now saying they don’t want it, but have gone on record they are ready to spend the money as they put it on more Social Programs. Cain, Dill, Rotundo, Alfond, Hobbins, Martin, Diamond etc voted yes for Fireworks. They are doing the same with Casinos they were against it , but now they see it as a cash cow for their DHHS & Welfare Programs they want to go “all in” on them now. I strongly support having more Casinos and other Gambling choices but not having all the money blown on DHHS & Welfare. Democrats always love playing their blame game but when they get called out on it they have no defense . They love to put the blame on everyone else its either the Republicans fault, the business leaders fault , or the Working Maine People’s fault but not them.
Any subterfuge is coming strictly from the R side of the table.
The poll he is talking about is each party takes a poll of legislators in each party to see if they have enough votes to override veto’s. The Republicans apparently didn’t have enough votes and are going to leave the funding at the the current years level (this years). I don’t know why Liberals are making a big deal out of it , it isn’t a big deal. Because of the veto nothing is going to change if it would have passed then Dems can complain. But the cuts need to happen we need limits on Welfare . Even former State Sen. Ethan Strimling who I don’t agree with on anything said in his political segment on WCSH/WLBZ these programs need to have limits. Because everyone including those who don’t qualify are getting them.
The poll was to see whether the Republicans wanted to reconvene to act on the line item veto, not whether they wanted to override the veto.
Nevertheless, the Legislature’s rules require ACTION — a vote — on the veto within five days. That the Republicans are refusing to follow their own rules is a big deal. It’s an even bigger deal that the Republican leadership in the Legislature is refusing to tell the public who wanted to act and who didn’t want to act on the veto. The public has the right to know what their legislators are doing (or not doing) for them so they can make an informed decision in the next election.
Any legislator who doesn’t want constituents to know a vote is a coward.
They weren’t going to override the veto in the first place. No any Legislator who Expands Welfare is a Spineless Gutless Coward and is engaged in Legalized Theft and they are just as bad as people who are committing robbery . They are stealing working folks hard earned money and redistributing to those who don’t want to work. Anyone who collects Welfare should be ashamed for stealing working people’s hard earned money from not wanting to work and earn it themselves. That is the problem in this state and now in this country with Obama-Pelosi-Reid agenda they want to promote being lazy and cheating getting by not having to get their hands dirty. They want to lower our living standards and ethical standards with their socialist policies. That is why they have to be stopped if folks don’t want to earn it and get handouts move to Canada and Cuba they will gladly give you freebies.
So someone who is unable to work because of an illness and needs to rely on general assistance while applying for Social Security should be “ashamed” and is “stealing”? So, too, is the person who is on Social Security but still can’t afford food and must rely on food stamps?
You have a lot of hatred and much to learn. Maybe that’s why you hide behind a screen name.
It’s not the veto…it’s the cowardly way the GOP has dealt with it. I imagine that Nutting is trying to provide cover for the Teabillies, but you can be damn sure LePage knows how everyone voted.
I see no problem with the line item veto. It allows the governor to send individual items that he/she considers wasteful back to the legislature for reconsideration. These items are most often originally approved in much larger packages and not considered on their own merits. The legislature can override the veto with a simple majority. It does not tip the power to the governor because if the disputed item is indeed the will of the legislature, then they should have no problem coming up with 50% +1 of the legislature to override.
It’s about time that we have a Governor with the courage to cut the wasteful spending. Had Baldacci and King done their jobs by using the line item veto, Maine would not be in the financial pickle we’re in today. Instead, King and Baldacci failed the Maine people because according to them, all spending is good, no matter what it’s on. Go LePage! Cut, Cut, Cut and Cut the wasteful spending!
Before LePage, governors generally worked cloesly with legislators to come up with compromises before the legislation ever reached the goveror’s desk. Unfortunately, LePage doesn’t believe in working with the Legislature. He still thinks he’s in charge of a business.
Sorry Buddy, it was the legislature who did not have the back bone to CUT the wasteful spending. Our legislature, both Republicans and Democrats failed us because they’re too closely tied to the special interest groups. So you see, it was the legislature who did not want to work with LePage. LePage is working for the Maine taxpayer and these line item vetoes are a testament to this fact. I couldn’t be happier with Maine’s finest Governor.
“Our legislature, both Republicans and Democrats failed us because they’re too closely tied to the special interest groups. So you see, it was the legislature who did not want to work with LePage.”
What “special interest” groups were pushing for sustained funding for mental hospitals and general assistance?
Is it lost on you that a vast majority of representatives and all senators disagreed with the governor, who apparently has no interest in telling anybody what he wanted?
We have seen where Maine goes when we work closely with legislators to come up with up compromises – we get to where we are, high unemployment, high welfare, high taxes, high energy costs, burdensome regulation, shall I go on? Maine NEEDS change and we have it with LePage unlike the country where the current president ran on change and he is more of the same. LePage for President!!
LePage would have my vote.
I’d vote for anyone else to rid the state or the nation of the bully!
President of what? Surely, you jest (but you probably aren’t)
“governors generally worked cloesly with legislators to come up with compromises”. Sorry but its not compromise its called not having a spine not having the guts to do what the working Maine people have wanted for decades. Liberals call it compromise the rest of the majority call it not doing their jobs and getting away with it with no accountability and noone paying for their mistakes. The working Maine people spoke loud and clear on several Democrat Tax Increase Bills that were repealed by voters Dirigo/Soda Tax, Bogus Tax Reform/Increase Bill. They also are angry about their social agenda being rammed down our throats like Gay Marriage, Special Rights for Gays and Lesbians. The Majority Spoke loud and clear we said NO!!. We also spoke in the last election by kicking the Democrats to the curb into the minority across the board where they belong. If that doesn’t send a wake up call to the Maine Democrat Party and their minnions they will never ever get the message. Maine People want Major Spending CUTS, Major Tax Cuts, Jobs being created, Our Freedoms being restored that were taken away under the Democrats Nanny State. We also want good roads and new roads to drive on like the East-West Highway. We don’t want to return to the same old foolishness we had for years. That is everyone who comes in here asking for a handout getting their pockets filled while all of us working folks get the short end of the stick and get stuck being broke with the bill.
“Liberals call it compromise the rest of the majority call it not doing their jobs and getting away with it with no accountability and noone paying for their mistakes.”
NOTHING ever gets done in any legislative body without compromise. We’re seeing this in Washington right now between the Democrats and Republicans, and we’re seeing it in Augusta between the governor and the Legislature.
“The working Maine people spoke loud and clear on several Democrat Tax Increase Bills that were repealed by voters Dirigo/Soda Tax, Bogus Tax Reform/Increase Bill. They also are angry about their social agenda being rammed down our throats like Gay Marriage, Special Rights for Gays and Lesbians. The Majority Spoke loud and clear we said NO!!.”
Uh, gay marriage was defeated by only a few percentage points. And amending the Maine Human Rights Act to prohibit discrimination based on sexual orientation was APPROVED by voters. That’s hardly a “loud and clear” “No!”
Yup! Maine really needs that Trans-Canada Highway! Canada to Canada without ever having to set foot in Maine! Whatta deal and what about those Gays! I still have trouble wrapping my mind around how the Repubs are going to have smaller government and still tell folks who they can marry. Must be a Homophobe thing that I can’t understand.
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Thats because the legislators doesn’t have the nonads to do whats right and cut wasteful spending. Go Go Go Gov. Lepage we are behind you. Maybe the Legislators will wake up before they are kicked out of offfice.
Helping people when they need it is “wasteful spending”?
Good insight mainemajority, Gov. LePage consistently sets aside politics and uses his great leadership abilities to make the right decisions.
More like just the opposite.
It’s actually a shame that for the first time in 17 years we’re stuck with a Governor who is unable to actually work with people. It doesn’t take a brilliant politician to say ‘my way or none at all’. My 4 year old does that just as well as Penguin, only my 4 year old does it with more grace and respect.
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It’s a secret poll to drum up support to override veto’s the Legislature didn’t want to do it. Democrats never override any of Baldy’s and King’s veto’s either. No big deal funding stays at current levels the Dems can go back into their caves and find something new to complain over.
That’s the new Repub “transparency” in government.
Really the same Democrat Transparency when Baldy lost 200+ million dollars and never did anything about it. Must be like the transparency on the failed DHHS computer system as well. How about David Lamonine State Treasurer (was not qualified for the position) under Baldy not being fired for the 20 million dollar Wall Street Investment scam. Pot calling kettle black. Democrats aren’t the saints that their supporters on here try to make them look as they are.
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In a country as divided as we are, the line-item veto is a recipe for abuse of the governmental process, as the Republican leadership has just made all too plainly evident.
“After it first went on the books, the line-item veto generated confusion in the State House, enough that lawmakers and King asked the state Supreme Court for advice on how it would work. In their response, the justices said it wouldn’t give too much power to the governor.”
And… ?
Either the wire editor cut at a bad place to do so, or The Associated Press sent out a story that’s not quite finished.
His action just demonstrates his inability, unwillingness, and refusal to discuss and negotiate or even think about compromising. If you think about it, since becoming Governor he has not once demonstrated any of these critical attributes of a chief executive.
Again, the line item veto strategy must have been known by the Speaker and President. The Speaker claims that his party’s caucus constitutes “legislative action”, which it does not. Now the Speaker is chiding the democrats for playing politics with the FOAA service on his office. Why would the Democrats even have to go that route if HE wasn’t playing politics.
I agree; GOP leadership knew what was coming down and by refusing to bring their crew into session they sustained the vetoes. They all know the voters, suffering mass Attention Deficit Disorder will have forgotten about it by November, and they’re probably right. It would be nice if they are wrong, but I don’t think so.
There is a bag of marbles on the floor with 5 marbles in it,
DEMS: we will take the five marbles please.
Governor Paul LePage: No you can only have 4 of them.
DEMS: see he doesn’t want a compromise..
Sorry I love his non professional Politicans look at things..
Professional Politicans need not apply today..
Marbles!? LePage wants to take them all away from the stricken and poor. Being the bully he is; he knows that he cannot take any from the big business boys so he has to take them from the less fortunate.
He needs these marbles, because he has apparently lost all of his.
I wish LePage had used the line-item veto for MPBN. Read this…http://wot7.com/?p=14.
MPBN serves a valuable public service educating the public, provided, of course, that they listen or watch. Where else, on the radio, can you get news? WVOM? Bob and Bob in the morning, or whatever the show is called? They are jokes. I’m certain that some Mainers, maybe a minority, do like to use drive time to keep up with world events.
Yeah, I know. The next thing will be a complaint that NPR is liberal. I think they just tell the truth. I’m reminded of how Harry Truman was urged to keep “giving ’em hell”. His response was that he wasn’t “giving ’em hell”. He was just telling the truth and they thought it was “hell”.
Perspective is not necessarily reality.
I always liked Crosby, Stills, and Nash. I still listen to them every now and again.
MPBN serves a valuable public service educating the public ” “WVOM? Bob and Bob in the morning or whatever that show is called”. MPBN is nothing more than Liberal Junk that needs to be taken off the air, if Liberals want to pay for it they can send the money into their pledge drives. But the rest of us want no part of paying for the junk that is on that station. WVOM radio show your talking about is George Hale and Ric Tyler. Though its alot better than the garbage that Liberals get The Pulse Radio here in Maine from Don Cookson and Pat “Genny Judge” Lamarche, and Obama propaganda from MSNBC, CNN, Nightly News and Current/Al Gore TV.
So dark there’s no light … or truth …
The right way is not always the popular and easy way. Standing for right when it is unpopular is a true test of moral character. – Margaret Chase Smith (Republican Congressman & Senator from Maine)
You got that Right! The “Right” is never easy and very seldom right.
Politicions&Diapers need to be changed often for the same reason
Please, you think this is bad do a search for Frankenstein veto.
Good, keep it up LePage. Thank You!!
44 states have line item vetos 6 don’t and Obama claims the 7 other state are pending.
Extremely lame attempt at irrelevant, kindergarten humor.
I say anyone on WELFARE not have the right to say anything on this subject as they don’t pay taxes like the working class.
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I thought “rightists” were also strict consistutionalists. This opinion sounds like another poll tax (and worse).
So you think we should repeal the 15th, 19th, and 26th Amendments and base the right to vote on income. Maybe the more an individual pays in taxes, the more votes they get?