by Dick Hall-Sizemore

Another dispute between Gov. Glenn Youngkin and the General Assembly, one that has faint echoes of one occurring north of the Potomac, has taken on a larger life with parties turning to the Virginia Supreme Court.
Before going into the details, some background would be helpful.ย The Virginia Constitution provides, โThe Governor shall have the power to veto any particular item or items of an appropriation bill.โ The โitem vetoโ is a powerful tool for the governor, but it is not an unlimited one.
The authorization of an item veto has been discussed in some detail earlier on this blog, therefore there is no need to go into that detail here. In summary, the Virginia Supreme Court, in Brault v Holleman, laid out the parameters on the item veto power:
โWhile the Governor is empowered to veto any particular item or items of an appropriation bill, he must, for his veto to be valid, strike down the whole of an item; he cannot disapprove part of an item and approve the remainder… Where a condition is attached to an appropriation, the condition must be observed. The Governor cannot veto the appropriation without also disapproving the condition; correspondingly, he cannot veto the condition without also disapproving the appropriation.โ
The Clerk of the Virginia House of Delegates is a unique position. By law he is designated the โKeeper of the Rolls.โย The law gives the Clerk the responsibility of keeping the originals of all bills that have been passed and signed by the Governor.ย It also directs the Clerk to โenroll all of the acts of the General Assembly and joint resolutions proposing amendments to the Constitution by such other permanent and substantial method or methods as he may deem proper; and shall have the enrolled acts bound for publication after they have been signed by the Speaker of the House of Delegates and the President of the Senate.โ
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