Ruling clarifies limits of veto power

By The Gazette Editorial Board

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We support Gov. Terry Branstad's effort to reinvent and streamline the way the Department of Workforce Development delivers assistance to unemployed Iowans searching for a job. Although the process of shuttering field offices was painful and politically contentious, we think the Branstad administration's drive to use information technology to provide workforce services at less cost in more places is the right and responsible thing to do.

That said, we also agree with Iowa District Court Judge Brad McCall's recent ruling on the line item veto Branstad issued in July that closed those field offices. Branstad's action was challenged in court by the largest union representing state workers and five state lawmakers, including Rep. Kirsten Running-Marquardt, D-Cedar Rapids, and Rep. Dave Jacoby, D-Coralville.

McCall ruled that Branstad exceeded his constitutional authority. The ruling likely will be appealed to the Iowa Supreme Court, which would have the final say. It's possible the governor will be vindicated. And it's unlikely the offices will be reopened, regardless of the outcome.

But McCall's solid, clear ruling makes a good case that Branstad's action runs afoul of the boundaries that the Iowa Constitution and court precedent have drawn for the use of item vetoes.

Branstad vetoed language from Senate File 517 ordering that the Department of Workforce Development “shall not reduce” the number of field offices below the number open on Jan. 1, 2009. That line was tied directly to a provision of the bill appropriating $8.6 million for field offices. Branstad did not veto the appropriation.

McCall ruled that vetoing the Legislature's clear directive on how the money must be spent, without also vetoing the appropriation, amounts to a legislative act by the state's chief executive. With the legislative intent language out of the way, it's the executive branch that then decided how the money would be spent. That upsets the constitutional balance of power giving legislative authority only to the General Assembly.

Iowa governors have immense authority, powers that are among the broadest of any state executive in the nation. And those powers, when used legally, are useful in managing the state. The line-item veto is a good example.

But the temptation for a governor to push the bounds his or her authority is also immense. And disputes like this one serve as a valuable braking mechanism. Regardless of who prevails in the end, the fight is healthy and necessary.

Thankfully, we have an independent judiciary that can tackle these critical questions and settle constitutional disputes. McCall did his job. The Supreme Court is next.

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