Henry v. Edwards

346 So. 2d 153
CourtSupreme Court of Louisiana
DecidedMarch 24, 1977
Docket59231
StatusPublished
Cited by44 cases

This text of 346 So. 2d 153 (Henry v. Edwards) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henry v. Edwards, 346 So. 2d 153 (La. 1977).

Opinion

346 So.2d 153 (1977)

E. L. HENRY et al.
v.
Hon. Edwin W. EDWARDS, Governor of the State of Louisiana.

No. 59231

Supreme Court of Louisiana.

March 24, 1977.
Rehearing Denied April 12, 1977.

*156 Frank P. Simoneaux, Baton Rouge, for plaintiffs-appellants.

William D. Brown, Brown, Wicker & Lee, Monroe, Camille F. Gravel, Jr., Gravel, Roy & Burnes, Alexandria, Michael S. Baer, III, Baton Rouge, for defendant-appellee.

MARCUS, Justice.

This matter arises out of a suit for a declaratory judgment. At issue is whether the Governor had the constitutional authority to veto certain provisions of the General Appropriation Bill for the fiscal year 1976-77 and whether the vetoed provisions were properly included in the bill by the legislature. The trial judge held that the Governor improperly exercised the "line item" veto power conferred by La.Const. art. 4, § 5(G)[1] and that eleven of the twelve provisions vetoed were unconstitutional in that they constituted matter not properly included in a general appropriation bill. Plaintiffs have perfected this appeal from the decision of the lower court which was in some respects adverse to their claims. La. Const. art. 5, § 5(D)(1).

On July 16, 1976, the Louisiana Legislature passed a General Appropriation Bill and delivered it to the Governor for his consideration in accordance with La.Const. art. 3, § 17(A). On July 17, 1976, the Governor signed the bill but vetoed twelve provisions thereof and returned it to the legislature for further consideration.[2] The Governor's veto message indicated that he considered the disapproved provisions to be substantive law improperly incorporated in the appropriation bill in contravention of La.Const. art. 3, § 16(C), citing as authority for his vetoes La.Const. art. 4, § 5(G). Each of the Governor's vetoes was sustained by the Senate. Plaintiffs, believing the vetoes to be unconstitutional, instituted this action for a declaratory judgment.

The issues presented for our consideration here do not involve general legislation bills or what may properly be included therein. Rather, they concern executive and legislation actions with respect to a *157 general appropriation bill, a particular type of legislation which is specifically addressed in La.Const. art. 3, § 16(C) and which differs in nature and scope from other legislative pronouncements.

La.Const. art. 3, § 16(C) directs:

The general appropriation bill shall be itemized and shall contain only appropriations for the ordinary expenses of government, public charities, pensions, and the public debt or interest thereon. (Emphasis added.)

La.Const. art. 4, § 5(G) provides in pertinent part:

. . . [T]he governor may veto any line item in an appropriation bill. Any item vetoed shall be void unless the veto is overridden as prescribed for the passage of a bill over a veto. (Emphasis added.)

The term "item" as it is used in these provisions is not defined in the constitution. It is generally accepted, however, that when used in reference to an appropriation bill, the word "item" signifies a sum of money dedicated to a specific purpose, a separate fiscal unit.[3]

In our view, art. 3, § 16(C) clearly limits the content of an appropriation bill to items of appropriation of money. However, inherent in the power of appropriation is the power to specify how the money shall be spent. Therefore, in addition to distinct "items" of appropriation, the legislature may include in an appropriation bill qualifications, conditions, limitations or restrictions on the expenditure of funds which would not be dealt with more properly in a separate bill. When proper conditions or limitations are inserted in an appropriation bill, the governor may not veto them without vetoing the item of expenditure which they modify.[4] Otherwise, by striking these provisions but allowing the money "item" of expenditure to stand, the Governor would be able to alter and thus, in fact, to legislate by creating a new "item" of appropriation wholly different in nature and purpose from that originated in the legislature. Inasmuch as a gubernatorial veto can be overridden only by a vote of two-thirds of the members of each house, the legislature would thereby be deprived of its constitutional right to enact an appropriation bill composed of items of its own choosing by majority vote. La.Const. art. 3, §§ 15(G) and 18(B). Moreover, the Governor would be arrogating to himself the power of appropriation notwithstanding that our constitution provides that the legislative power of the state is vested in a legislature, consisting of a Senate and a House of Representatives. La.Const. art. 3, § 1(A). We cannot sanction a result so clearly violative of the constitutional prerogative of the legislature. Accordingly, we hold that, if the Governor wishes to disapprove of conditions or limitations legitimately included in an appropriation bill, he must veto not only the conditions or limitations but also the money "item" to which they are connected.

Just as the Governor may not use his item-veto power to usurp constitutional *158 powers conferred on the legislature, neither can the legislature deprive the Governor of the constitutional powers conferred on him as the chief executive officer of the state by including in a general appropriation bill matters more properly enacted in separate legislation. The Governor's constitutional power to veto bills of general legislation (La.Const. art. 3, § 18) cannot be abridged by the careful placement of such measures in a general appropriation bill, thereby forcing the Governor to choose between approving unacceptable substantive legislation or vetoing "items" of expenditure essential to the operation of government. The legislature cannot by location of a bill give it immunity from executive veto. Nor can it circumvent the Governor's veto power over substantive legislation by artfully drafting general law measures so that they appear to be true conditions or limitations on an item of appropriation. Otherwise, the legislature would be permitted to impair the constitutional responsibilities and functions of a co-equal branch of government in contravention of the separation of powers doctrine embodied in La.Const. art. 2, §§ 1 and 2.

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Bluebook (online)
346 So. 2d 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-edwards-la-1977.