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In territorial government
[edit]All governors of the five permanently inhabited US territories have at least a package veto and a line-item veto. The first territorial governor to be granted line-item veto power was the governor of the Territory of Hawaii in 1902.[1]
The veto powers of the governors of Guam and the US Virgin Islands are specified in the territory's organic law, enacted by the US Congress. The veto powers of the governors of Puerto Rico, American Samoa and the Commonwealth of the Northern Mariana Islands are set forth in the territory's constitution.
In addition to these gubernatorial veto powers, Congress has expressly reserved the plenary power to nullify territorial legislation in some territories, although not in Puerto Rico.[2] Some territories' organic laws formerly provided for a presidential veto over territorial legislation as well.
The governor of Puerto Rico has line-item and reduction veto powers in addition to the package veto, all of which can be overridden by a two-thirds majority of both houses of the legislature.[3][4] The governor has had the line-item veto since 1917.[1] The governor also has a pocket veto, which cannot be overridden.[3][5]
The governor of Guam has a package veto power and a line-item veto power, both of which can be overridden by a two-thirds vote of the legislature.[6]
The governor of the US Virgin Islands has a package veto power and a line-item veto power. Both can be overridden by a two-thirds vote of the legislature.[7] The governor also has a pocket veto, which cannot be overridden.[7] For a few years in the 1970s the line-item veto was also absolute, as the Third Circuit Court of Appeals ruled that the existing statutory language did not allow for an override. However, the federal law was later amended to allow for an override.
The governor of the CNMI has a package veto and a line-item veto over appropriation bills.[8] The line-item veto is limited to the appropriations themselves, and does not allow the governor to strike out other provisions.[8]
The governor of American Samoa has package and line-item veto powers, which the legislature can override within 14 months of the veto date.[9] If the legislature has overridden the governor's veto, the governor can choose to forward the bill to the Secretary of the Interior for review, at which point it will only become law if the secretary approves it within 90 days.[9] Some Samoan legislators have criticized the secretarial veto provision as a throwback to colonial government,[10] but referenda to remove it have been repeatedly defeated, most recently in 2018.[11] Separately from these executive veto powers, the legislature has retained a legislative veto over certain long-term leases, which the High Court of American Samoa upheld as constitutional in 1987.[12]
- ^ a b Committee on the Budget, US House of Representatives (1984). The line-item veto: an appraisal. U.S. Government Printing Office. p. 8.
- ^ McCall, Adam W. (2017). "Why Congress Cannot Unilaterally Repeal Puerto Rico's Constitution" (PDF). Cornell Law Review. 102: 1367.
- ^ a b Article III, Section 19 of the Constitution of Puerto Rico (1952): "Constitution of the Commonwealth of Puerto Rico". Retrieved 2022-06-30.
When the Governor returns a bill the house that receives it shall enter his objections on its journal and both houses may reconsider it. If approved by two-thirds of the total number of members of which each house is composed, said bill shall become law. If the Legislative Assembly adjourns sine die before the Governor has acted on a bill that has been presented to him less than ten days before, he is relieved of the obligation of returning it with his objections and the bill shall become law only if the Governor signs it within thirty days after receiving it. .... In approving any appropriation bill that contains more than one item, the Governor may eliminate one or more of such items or reduce their amounts, at the same time reducing the total amounts involved.
- ^ NCSL 1998, p. 6-29.
- ^ NCSL 1998, p. 6-32.
- ^ "Guam Code :: US Codes and Statutes :: US Law :: Justia". justia.com. Retrieved 2022-06-30.
- ^ a b 48 U.S. Code § 1575; "48 U.S. Code § 1575 - Legislative procedure". Legal Information Institute. Retrieved 2022-06-30.
If the Governor disapproves the bill, he shall, except as hereinafter provided, return it, with his objections, to the legislature within ten days (Sundays excepted) after it shall have been presented to him. If the Governor does not return the bill within such period, it shall be a law in like manner as if he had signed it, unless the legislature by adjournment prevents its return, in which case it shall be a law if signed by the Governor within thirty days after it shall have been presented to him; otherwise it shall not be a law. When a bill is returned by the Governor to the legislature with his objections, the legislature shall enter his objections at large on its journal and, upon motion of a member of the legislature, proceed to reconsider the bill. If, after such reconsideration, two-thirds of all the members of the legislature pass the bill, it shall be a law. If any bill presented to the Governor contains several items of appropriation of money, he may object to one or more of such items, or any part or parts, portion or portions thereof, while approving the other items, parts, or portions of the bill.
- ^ a b Article II, Section 7(a) of the Constitution of the Commonwealth of the Northern Mariana Islands (1993); "CNMI Constitution". Commonwealth Law Revision Commission. Retrieved 2022-07-03.
- ^ a b Article II, Section 9 of the Constitution of American Samoa (1967): "Revised Constitution of American Samoa - American Samoa Bar Associations". 2012-03-02. Retrieved 2022-07-03.
Not later than 14 months after a bill has been vetoed by the Governor, it may be passed over his veto by a two-thirds majority of the entire membership of each House at any session of the Legislature, regular or special. A bill so repassed shall be re-presented to the Governor for his approval. If he does not approve it within 15 days, he shall send it together with his comment thereon to the Secretary of the Interior. If the Secretary of the Interior approves it within 90 days after its receipt by him, it shall become a law; otherwise it shall not.
- ^ "Governor's power of veto could be changed in American Samoa". Radio New Zealand. 2017-08-07. Retrieved 2022-07-03.
- ^ Fili Sagapolutele (2018-11-07). "Veto over-ride defeated — again". Samoa News. Retrieved 2022-07-03.
- ^ Tuika Tuika v. Governor of American Samoa, 4 Am. Samoa 2d 85 (Trial Div. 1987) (aff'd sub nom. American Samoa Gov’t v. Tuika Tuika, 6 Am. Samoa 2d 58 (App. Div. 1987)): "Tuika v. Governor of American Samoa - American Samoa Bar Associations". Retrieved 2022-07-03.