September 12, 2006
FOR IMMEDIATE RELEASE

Unanimous Supreme Court decision strikes down unconstitutional use of line-item veto power by Napolitano

(State Capitol, Phoenix) – In a victory for the constitutional doctrine of separation of powers, the Arizona Supreme Court today unanimously struck down Governor Napolitano’s abuse of her line item veto power.

In the 5-0 decision, the court found that Napolitano overstepped her authority. The decision undoes Napolitano’s unconstitutional line-item veto of a portion of the state employee pay raise bill.

The Arizona constitution is clear that the governor may accept or reject specific items which appropriate money, but is otherwise limited to signing or vetoing legislation in its entirety. Today’s ruling represents a rebuke of actions Governor Napolitano has engaged in to illegally expand the powers of the executive branch in Arizona.

President Bennett said, “Abusing the power of the office and overstepping her constitutional bounds has been the norm for this governor from day one. Finally having an opportunity for the court to rein her in is a great day for representative democracy in Arizona.”

“Common sense and the constitution won in this case," House Speaker Weiers said. "The Supreme Court upheld the constitution and the people's right to a representative government. The Legislature is not going to tolerate a power grab by the governor, no matter who sits in the Ninth Floor office."

Senate Majority Leader Tim Bee (R-30) said, “Today Governor Napolitano has been reminded in no uncertain terms by the Supreme Court that she is currently the governor of our state, not the czar. Arizona belongs to the people of Arizona – no governor is free to ignore the constitution just because he or she wants to.”

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For further information contact:
Nick Simonetta, Communications and Policy Advisor to the Majority
 Arizona State Senate
Office: (602) 926-5418, e-mail: nsimonet@azleg.gov
OR
Barrett Marson, Director of Communications
 Arizona House of Representatives
Office: (602) 926-3233, e-mail: bmarson@azleg.gov