Opinion of the Justices to the House of Representatives

384 Mass. 820
Massachusetts Supreme Judicial Court·Decided July 23, 1981·Published·Cited by 19 cases

Opinion

House Bill No. 6969 is the general appropriation act for fiscal year 1982. The order enumerates seventy-seven sections of the bill which were disapproved by the Governor [821] and which are characterized as “general legislation” in the order. The order recites the intention of the House of Representatives to consider for passage only those sections “which the governor had a constitutional right to disapprove or reduce.” The order further recites that “[g]rave doubt exists as to the constitutional right of the governor to disapprove any of the sections hereinbefore mentioned.”

The question is:

“Can the governor, acting pursuant to said Section 5 of Article 63 of the Amendments to the Constitution, disapprove any section of House Bill No. 6969 which is not an ‘item or part of an item’ as defined in the Opinion of the Justices 294 Mass. 616, 620-621?”1

The Justices have discussed the history and purpose of art. 63 in Opinion of the Justices, 349 Mass. 804, 805-807 (1965). Opinion of the Justices, 373 Mass. 911, 912-913 (1977), is also instructive. The governing provision here is § 5, which states: “The governor may disapprove or reduce items or parts of items in any bill appropriating money. So much of such bill as he approves shall upon his signing the same become law.” In Opinion of the Justices, 294 Mass. [822]*822616, 620-621 (1936), the Justices construed “items or parts of items” to refer to “separable fiscal units.” “No power is conferred to change the terms of an appropriation except by reducing the amount thereof. Words or phrases are not ‘items or parts of items.’ . . . We are of opinion that the power conferred upon [the Governor] by said art. 63 does not extend to the removal of restrictions imposed upon the use of the items appropriated.”

We assume for purposes of this opinion, without accepting the characterization of the order from the House of Representatives of all seventy-seven sections as “general legislation,” that the vetoed sections at issue do not meet this definition of “item.” We are not, however, restricted in our answer by that earlier definition. The Justices defined “items” as “separable fiscal units” so as to circumscribe the Governor’s power to excise limitations on an appropriation and thereby enlarge his executive spending authority. The Justices reasoned that a Governor may not eliminate a restriction on an item so as to enact the item free of the restriction, because such a change in the terms of an appropriation would be an invalid act of gubernatorial lawmaking. Id. See Opinion of the Justices, 302 Mass. 605, 612-613 (1939); Opinion of the Justices, 375 Mass. 827, 832-836 (1978). A determination of the proper limits of legislative or executive powers in attaching or vetoing separable general legislation “riders” to an appropriation bill was not before the Justices in Opinion of the Justices, 294 Mass. 616 (1936). Indeed, the Justices later expressly reserved the question whether the Governor could disapprove general legislation attached as a rider to an appropriation bill in Opinion of the Justices, 373 Mass. 911, 915 (1977).

Accordingly, it is clear that to recognize that the Governor has vetoed sections attached to the current general appropriation bill that do not meet the definition of “item” previously set forth, is to begin our inquiry, not to end it. Resolution of the broader question, implicit in the question asked of us, requires us to examine the constitutional framework supporting the Governor’s selective veto power.

[823] Section 5 is but one part of art. 63, a comprehensive constitutional provision dealing with the budgetary process of the Commonwealth. Article 63, § 2, vests the responsibility for preparing a budget in the Governor and specifies how that document is to be submitted to the General Court. Article 63, § 3, delineates the Legislature’s responsibilities: “All appropriations based upon the budget to be paid from taxes or revenues shall be incorporated in a single bill which shall be called the general appropriation bill. The general court may increase, decrease, add or omit items in the budget” (emphasis supplied).

We must construe a constitutional amendment as an harmonious whole, giving words and phrases in different places in the amendment the same meaning unless used in manifestly different senses. Raymer v. Tax Comm’r, 239 Mass. 410, 412 (1921). Applying this fundamental standard of construction, we observe that the language of art. 63, §§ 3 and 5, supports the conclusion that the authority of the Governor to disapprove “items” in an appropriation measure is coextensive with the authority of the General Court to insert “items” in such a bill. Article 63 was enacted by the Constitutional Convention of 1917-1918, and adopted by the people. Thus, its words “should be interpreted in the sense most obvious to the common intelligence, because a matter proposed for public adoption must be understood by all entitled to vote.” Lincoln v. Secretary of the Commonwealth, 326 Mass. 313, 317 (1950).

Furthermore we must, if possible, construe the amendment so as to accomplish a reasonable result and to achieve its dominating purpose. Lincoln v. Secretary of the Commonwealth, 326 Mass. 313, 317 (1950). The Debates in the Constitutional Convention support the conclusion that “item” in § 3 is equivalent to “item” in § 5. An examination of the Debates in the Constitutional Convention of 1917 reveals that the framers of art. 63 were agreed on at least three fundamental points. First, they intended to give the executive a central role in the State budgetary process; second, they recognized that appropriation bills are by their [824] nature unique; and third, they agreed that the unitary executive veto granted in Part II, c. 1, § 1, art. 2, of the Constitution could not provide an effective mechanism for balancing proper legislative and executive powers with respect to the State budget. See generally 3 Debates in the Massachusetts Constitutional Convention 1917-1918, at 1141-1216 (1920). Without the item veto, the Governor might “be obliged to veto an entire bill merely on account of one item which does not meet his approval.” Debates at 1146. “The one thing in this budget proposal for which an amendment to the Constitution is absolutely necessary is the power given in the last sentence to the Governor to approve or disapprove of the separate items in the budget. That is absolutely essential.” Debates at 1153. “We want to prevent waste, we want to prevent log-rolling, the special bills, the tit-for-tat kind of work in the Legislature, and we want to center responsibility.” Debates at 1165.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion of the Justices to the House of Representatives, 384 Mass. 820 (Mass. 1981).

384 Mass. 820 (Opinion of the Justices to the House of Representatives) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Eyman v. Wyman
424 P.3d 1183 (Washington Supreme Court, 2018)
MDC Rests., LLC v. Eighth Judicial Dist. Court of Nev.
419 P.3d 148 (Nevada Supreme Court, 2018)
Caplan v. Town of Acton
92 N.E.3d 691 (Massachusetts Supreme Judicial Court, 2018)
Alliance, AFSCME/SEIU, AFL-CIO v. Commonwealth
427 Mass. 546 (Massachusetts Supreme Judicial Court, 1998)
Opinion No.
Arkansas Attorney General Reports, 1997
Opinion of the Justices to the Senate
643 N.E.2d 1036 (Massachusetts Supreme Judicial Court, 1994)
Alliance, AFSCME/SEIU, AFL-CIO v. Secretary of Administration
597 N.E.2d 1012 (Massachusetts Supreme Judicial Court, 1992)
Barnes v. Secretary of Administration
586 N.E.2d 958 (Massachusetts Supreme Judicial Court, 1992)
Opinion of the Justices to the House of Representatives
582 N.E.2d 504 (Massachusetts Supreme Judicial Court, 1991)
Town of Brookline v. Governor
553 N.E.2d 1277 (Massachusetts Supreme Judicial Court, 1990)
Colton v. Branstad
372 N.W.2d 184 (Supreme Court of Iowa, 1985)
New England Memorial Hospital v. Rate Setting Commission
475 N.E.2d 740 (Massachusetts Supreme Judicial Court, 1985)
Karcher v. Kean
479 A.2d 403 (Supreme Court of New Jersey, 1984)