The Presidential Veto: 1977 to 1980

Background

One main principles of the U.S. Constitution is the separation of powers. Each branch of Government, Executive, Legislative, and Judicial, can serve as a check on the other, preventing excessive power in any one branch. The Presidential Veto is an example of separation of powers. The President must sign laws passed by Congress. If the President vetoes the bill (does not sign it into law), it takes a two-thirds (67%) vote in the House and Senate to override the President and pass the bill.

Vetoes by President Carter

Jimmy Carter was a one-term Democratic President. During his term, Democrats held significant majorities in both the House of Representatives and the Senate. With the President of the same party, Carter only vetoed 31 bills and only two were overridden.

His first veto was of a bill entitled “To provide for the mandatory inspection of domesticated rabbits slaughtered for human food.” He described is as a ‘special interest legislation’ benefiting a small number of rabbit meat processors. He also said it would strain relations with China, a major exporter of domesticated rabbit meat to the United States. For those interested, rabbit meat is subject to a voluntary inspection program.

Speaking of meat, Carter also vetoed a bill limiting meat imports. He felt the ability to import meat provided an important constraint on food price inflation.

Several of Carter’s vetoes echoed those of President Ford, regarding the budget. He vetoed a nurse training subsidy bill. He said the program was no longer needed and “the funding authorizations are excessive and unacceptable If we are to reduce the budget deficit to help fight inflation.

In a similar manner, he vetoed an Energy and Water Development bill stating, “This bill would hamper the Nation’s ability to control inflation, eliminate waste and make the government more efficient…this bill…contains provisions for excessive, wasteful water projects and ill-advised limitations on efficient program management.” Here is something to ponder: when was the last time a President vetoed a bill because it spent too much money and could increase inflation? An important issue in 2021 as inflation increases while the government is debating a multi-trillion-dollar spending bill.

Carter used the same rationale to veto a bill providing pay increases to physicians serving in the armed forces. The goal was to alleviate shortages in certain medical specialties, but Carter felt that “Congress unnecessarily expanded the scope and costs of H.R. 5235 to such an extent that I find it unacceptable.” He went on to state: “If we are to check the strong inflationary pressures that now prevail throughout the Nation’s economy, we must exercise genuine restraint in Federal spending.

Sculpture in Plains, Georgia, where Carter was a peanut farmer

Sculpture in Plains, Georgia, where Carter was a peanut farmer

Sometimes Congress puts unrelated matters together in a bill. The method is to take something that is critical and then adds other provisions that might not survive if offered on their own. This practice has led to unsuccessful calls to grant the President a line-item veto. The line-item veto would allow the President to veto a portion of the bill without vetoing it in its entirety. In fact, Congress passed a line-item veto law during President Clinton’s administration in the 1990s. President Clinton used it several times until the Supreme Court ruled it unconstitutional.

In 1980, the government needed to increase the debt limit; the same issue currently under discussion in Congress. Carter vetoed the bill: “My action in returning this critical bill is required by an unrelated and wholly unacceptable amendment which would prohibit the imposition of the oil import conservation fee that I announced as part of our comprehensive anti-inflation program on March 14.” Carter felt the imported oil fee was necessary for energy security and inflation control. Agree or disagree, Congress could have voted separately on a bill to eliminate that fee. Instead, Congress included the fee elimination as part of the debt ceiling increase, feeling that Carter would have to sign the bill into law. He didn’t and Congress overrode Carter’s veto.

While over 40 state governors have the line-item veto, the President does not. It would require a constitutional amendment to grant that authority to the President, and that certainly would allow the President greater control over legislation.

Historical Veto Trend

After World War II, we have seen a pattern of Presidents vetoing spending in an effort to control spending. Has it succeeded? In 1950, under President Truman, the Federal government spent about 40 billion dollars, running a 3-billion-dollar deficit. By 1980, at the end of Carter’s term, the Federal budget was over 500 billion dollars, with a deficit of over 70 billion. The effort to limit spending and the deficit has not succeeded.

Carter’s efforts to control inflation also failed. By 1980, inflation ran over 13%

The Election of 1980

Carter lost popularity during his term due to several problems including inflation, unemployment, and the Iranian hostage crises. Ronald Reagan defeated him in one of the largest landslides, both popular and electoral votes, in American history. Further, Republicans took control of the Senate for the first time since the 1950s. Democrats lost many seats in the House of Representatives, but still maintained majority control. In a future article, we will explore how this new landscape affected Presidential vetoes.