The Constitution and the Clinton Presidency

The Presentment Clause (Article 1, Section 7, Clause 2) states that:

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it…

Constitution of the United States, (Article 1, Section 7, Clause 2)

The Line Item Veto Act of 1996 gave President Clinton the power to cancel certain spending items and tax benefits within five days of signing a bill. In June 1998, the Supreme Court ruled on the constitutionality of the Line Item Veto Act in Clinton v. City of New York. The Supreme Court decided that this Act was unconstitutional since it allowed the President to change legislation after its passage through Congress.

View President Clinton's remarks on signing the Line Item Veto Act

President Clinton signs S. 4, The Line Item Veto Act in the Oval Office. Ceremony participants include Sen. Don Nickles, Rep. Ben Cardin, Rep, John Spratt, Rep. Porter Goss, Rep. Gerald Solomon, Governor Roy Romer, Ed Lupberger, Chairman of the U.S. Chamber of Commerce, Marne Obernauer, Vice Chairman of the American Business Conference, David Keating, CEO of the National Taxpayers Union, Al From, Fred Greenstein, and Alice Rivlin, April 9, 1996, Photographer: Sharon Farmer.

Related Archival Collections

2007-0624-F: The Line Item Veto Act of 1996 passed into law April 9, 1996 became effective January 1, 1997. Clinton used his line item veto power eighty-two times in eleven appropriations bills. Disapproval by Congress and one impermissible cancellation ultimately restored thirty-nine of these appropriations. Ultimately the Supreme Court ruled that the Line Item Veto Act violated the separation of powers clause in the Constitution and struck it down. This collection contains Administration reviews of House Resolution (H.R.) 2, Senate Bill (S.) 4, and related bills prior to their passage. Records contained in this collection show how the Administration planned to use the veto and how they dealt with very short reporting periods once the veto was enacted. It contains records related to the drafting of cancellations and the forms submitted to the Federal Register relating to cancellations made by President Clinton. The collection contains the court materials filed in Federal court related to challenges to the Line Item Veto Act. Correspondence in the collection reveals how the Administration addressed the concerns of Representatives and Senators whose appropriations might be affected by a veto; and it also shows, in a few examples, public perception of the Line Item Veto.

2012-0774-F: This collection consists of records relating to H.R. 1977 – Department of the Interior and Related Agencies Appropriations Act, 1996. The act provided appropriations for the Department of the Interior, Department of Energy, the Forest Service (Department of Agriculture), Indian Health Service (Department of Health and Human Service), and other smaller agencies. President Clinton vetoed the bill on December 18, 1995. The collection contains correspondence, mostly from Tribal Presidents, Administrators, Chairmen, Chiefs, governors, senators, and congressmen. The files also contain memoranda, statements, and email.

Article II, Section 2 authorizes the President to:

grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

President Clinton granted pardons and commutations to 456 individuals. Correspondence, tables, and forms from the Clinton Library document the Department of Justice’s recommendations to President Clinton on whether to grant or deny executive clemency.

In February of 1999, President Clinton gave remarks on his posthumous pardon of General Henry O. Flipper. The pardon was 118 years after Flipper’s court martial.

View President Clinton's remarks for the Pardon of Henry O. Flipper

Photograph of Lt. Henry O. Flipper. 1877.

Related Archival Collections

2006-0222-F: This collection consists of records regarding presidential pardons and executive clemency from September 2000 through January of 2001 and President Clinton’s pardon of Marc Rich. The records included are correspondence, memoranda, petitions for pardon, notes, reports and faxes. A majority of records in this collection is from the Counsel’s Office, and includes correspondence concerning why certain individuals merit presidential pardons or executive clemency.

2006-0371-F: This collection consists of correspondence and memoranda concerning the pardon of Cheryl Ada Elizabeth Little on October 20, 2000.

2006-1704-F (All Segments): This collection consists of records relating to presidential pardons, clemencies, and commutations of sentences. The United States Constitution grants the power to pardon or commute sentences to all sitting U.S. Presidents. President Clinton pardoned, commuted or rescinded the convictions of 459 people during his term in office.

2008-1268-F: This collection contains records relating to the pardon of Patricia “Patty” Hearst Shaw. The records consist of reports, correspondence, and tracking sheets. The materials include letters to the President both in support of the pardon of Patty Hearst Shaw, and letters/reports in favor of denial. Patty Hearst was kidnapped in 1974 by the Symbionese Liberation Army, and was convicted in 1976 of armed robbery. President Carter commuted her sentence in 1979. President Clinton pardoned her January 20, 2001.

2009-0736-F: This collection consists of records relating to the presidential pardon of Edward Downe, Jr. In 1992, the Securities and Exchange Commission [SEC] charged Downe, a former director of the Bear Stearns investment firm of providing inside information to friends and family in order to make illegal stock trades in the late 1980’s. The records in this collection contain the petition for a pardon, character afffidavits, and correspondence in support of the petition.

2010-0248-F: This collection consists of records relating to all communications made to the Clinton Administration supporting Bob F. Griffin’s application for presidential clemency. The records include correspondence to President William J. Clinton regarding Bob F. Griffin’s application for presidential clemency. Griffin was granted clemency by President Clinton in January 2001.

2010-0452-F: This collection contains material regarding President Clinton’s granting clemency for Kemba Smith in December 2000. Smith’s case exemplified the enforcement of mandatory sentencing laws for minor drug convictions. This collection primarily contains correspondence and media publications in support of Smith’s release. This collection has not yet been digitized. View collection finding aid.

2010-0791-F: This collection consists of records concerning the pardon of Samuel Loring Morison. Morison was a civilian intelligence analyst at the Naval Intelligence Support Center (NISC). He was charged with espionage and theft of government property under the Espionage Act of 1917 for giving classified photographs to Jane’s Defence Weekly, an English Journal. On October 17, 1985, Morison was convicted in Federal Court on two counts of espionage and two counts of theft of government property. He was sentenced to two years in prison on December 4, 1985. President Clinton pardoned Samuel Loring Morison on January 20, 2001, the last day of his presidency.

2012-0020-F: This collection consists of correspondence, memos, notes, and lists pertaining to pardons and commutations granted and denied by President Clinton for the two years of 1995 and 1996. One specific case concerns Peter MacDonald, Sr., who was denied a pardon during that time, but whose sentence was later commuted on January 20, 2001.

2013-1026-F: This collection consists of records related to the pardon process for James Lake. Mr. Lake was charged with wire fraud, aiding and abetting the making of an illegal corporate campaign contribution, and aiding and abetting the making of an illegal conduit campaign contribution. He was sentenced on January 30, 1998. President Clinton pardoned Mr. Lake on January 20, 2001. The records include correspondence requesting that James Lake be granted a pardon, a personal statement by James Lake, and character affidavits. This collection has not yet been digitized. View collection finding aid.

The Appointment Clause (Article II, Section 2, Clause 2) states that the President:

shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law….

Constitution of the United States, (Article II, Section 2, Clause 2)

As part of his commitment to a diverse federal bench, President Clinton appointed 111 women, 62 Black Americans, and 24 Latinos to judgeships during his eight years in office.

President Clinton participates in the swearing in ceremony of Judge Ruth Bader Ginsburg as Associate Supreme Court Justice. Chief Justice Judge William Renquist administers the oath of office. Judge Ginsburg's husband Marty Ginsburg holds the bible, August 10, 1993, Photographer: Ralph Alswang.

Related Archival Collections

2006-0561-F: This collection consists of records from the White House Counsel’s Office relating to the selection of judicial candidates. President Clinton successfully appointed 66 judges to the United States Courts of Appeals and 305 judges to the United States District Courts. The files contain correspondence, memoranda, profiles, resumes, reports, news articles, and copies of court cases. The records include material on the judicial appointments process, reports on judges for reappointment, numerous letters of recommendations, and candidate questionnaires.

2006-1067-F Segment 1: This collection consists of material dealing with President Clinton’s nomination of Ruth Bader Ginsburg in 1993 and Stephen Gerald Breyer in 1994 to the United States Supreme Court. The nuts and bolts of the nomination process can be seen in correspondence, memoranda, reports, lists, notes, and papers that highlight the contributions of the Counsel’s Office to the easy manner in which the two nominees breezed through confirmation proceedings in the Senate. The writings of the two justices in the form of scholarly articles, speeches, interviews, decisions, and opinions are documented in extensive detail. A sizable portion of the records is devoted to Breyer’s investment in Lloyd’s of London—much of which has been closed for reasons of privacy. This collection has not yet been digitized. View collection finding aid.

2006-1067-F Segment 2: This collection consists of records related to the consideration and/or nomination of Supreme Court Justices. When President Clinton took office, it had been 26 years since a Democratic President had appointed someone to the Supreme Court. President Clinton appointed two Supreme Court Justices within his first two years in office, Ruth Bader Ginsburg in 1993 and Stephen G. Breyer in 1994. The files contain correspondence, handwritten notes, reports, resumes, profiles, memoranda, clippings, press releases, and emails. Most of the correspondence and memoranda concentrate on the accomplishments of those considered. This collection has not yet been digitized. View collection finding aid.

2006-1067-F Segment 3: This collection consists of records from the files of White House Counsel's Office, regarding the consideration and appointment of nominees to the U.S. Courts of Appeals. This collection consists of correspondence, memoranda, newspaper clippings, articles from legal journals and LexisNexis, reports, press releases, resumes, and letters from individuals, organizations, and Congressional leaders recommending the nominees. This collection has not yet been digitized. View collection finding aid.

2007-1256-F: This collection consists of records related to the appointments of the following federal judges in the Eastern District of Pennsylvania Marjorie Rendell, Bruce Kauffman, Petrese Tucker, Mary McLaughlin, Berke Schiller, and Richard Surrick. The records in this collection contain vetting materials for each candidate, American Bar Association questionnaires, writing samples, and news clippings. This collection has not yet been digitized. View collection finding aid.

2009-1007-F: This collection contains materials relating to the nomination of Judge Sonia Sotomayor to the U.S. Court of Appeals for the Second Circuit. President Clinton nominated Judge Sotomayor to the position in 1997, and she was confirmed by the Senate in 1998. The records contain biographical information, court opinions as Judge for the U.S. District Court for the Southern District of New York and letters in support of her nomination. This series also includes court records, correspondence, news clippings, articles, and email concerning her nomination.

2010-0916-F: This collection consists of records relating to Richard Blumenthal. Richard Blumenthal served as the 23rd Connecticut Attorney General from January 1991 until January 2011; during this time, President Clinton approved the nomination of Blumenthal to a vacant seat on the United States Court of Appeals for the Second Court. This collection consists of clippings, emails, forms, letters, memoranda, reports, and materials from White House databases. This collection has not yet been digitized. View collection finding aid.

2012-0072-F: This collection consists of articles, briefing papers, email, forms, letters, and memoranda. These records discuss Robert C. Galloway and his nomination to the U.S Court of Appeals for the 5th Circuit in 1999. In addition to materials concerning Galloway’s career as a lawyer, the collection also contains correspondence from government officials and the general public both opposing and supporting Galloway’s nomination. This collection has not yet been digitized. View collection finding aid.

2012-0203-F: This collection consists of records concerning Jose Cabranes, a possible nominee to the U.S. Supreme Court and Court of Appeals for the Second Circuit during the early years of Clinton’s presidency. The records in this collection include correspondence, memoranda, magazine and newspaper articles, press releases, and Lexis/Nexis materials related to the judicial opinions Cabranes played any role in issuing. This collection has not yet been digitized. View collection finding aid.

2012-0597-F: This collection contains letters, memoranda, press releases, and resumes concerning the nomination of Leonie Milhomme Brinkema as United States District Court Judge in the Eastern District of Virginia. President Clinton nominated Brinkema on August 6, 1993 and she was confirmed by the US Senate on October 18, 1993. This collection has not yet been digitized. View collection finding aid.

2013-0670-F: This collection consists of records concerning Sandra L. Lynch’s nomination to the United States Court of Appeals for the First Circuit in January 1995. This collection contains forms, letters, and resumes concerning Lynch’s professional career. The collection also contains materials authored and co-authored by Lynch.

2015-0220-F: This collection consists of records concerning the nomination of Lewis A. Kaplan to the District Court for the Southern District of New York in May of 1994. This collection contains correspondence, memoranda, email, and resume materials.

Article II, Section 4 states that:

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Constitution of the United States, (Article II, Section 4)

In December 1998, the House of Representatives voted to impeach President Clinton on two charges: perjury and obstruction of justice. These charges stemmed from the Independent Counsel’s investigation into President Clinton’s relationship with White House intern Monica Lewinsky. President Clinton was the second US President to be impeached in the House. President Clinton was acquitted on February 12, 1999 after trial in the Senate.

Records from the Clinton Library describe various stages of the impeachment process. These records include White House Counsel’s production of various Bates numbered document sets that were prepared for the Office of Independent Counsel.

View President Clinton's statement after the House Impeachment Vote

Representative Richard Gephardt delivers remarks in the Rose Garden following the House of Representatives Vote on Impeachment of President Clinton. President Clinton, First Lady Hillary Rodham Clinton, Vice President Albert Gore, John Podesta and Democratic Leaders are present, December 19, 1998, Photographer: Sharon Farmer.

Related Archival Collections

2006-0319-F Segment 1: This collection consists of email created and received by Monica Lewinsky from both her White House and Pentagon email accounts. Lewinsky's email is predominately administrative in nature. This collection also contains email between White House staff members making reference to Monica Lewinsky. White House staff email about Lewinsky mostly concerns Lewinsky’s relationship with the President, the Starr Report, and the impeachment. This collection has not yet been digitized. View collection finding aid.

2006-0319-F Segment 2: This collection consists of material regarding Monica Lewinsky, White House intern in 1995 and 1996. The collection reflects both Lewinsky's employment in the White House as well as the investigation into President Clinton's relationship with Lewinsky and the resulting impeachment. The collection contains records relating to Lewinsky's job duties such as email correspondence (including email sent and received by Lewinsky's user account), form letters, photograph requests, resumes, and telephone lists. Textual records include documents produced for the Office of Independent Counsel, Judiciary Committee reports and transcripts, and released court documents. This collection has not yet been digitized. View collection finding aid.

The third section of the 25th Amendment states:

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Constitution of the United States, 25th Amendment

Documents from the Clinton Library describe the Working Group on Presidential Disability that was established in 1994 to address perceived weaknesses in the 25th Amendment. Clinton Library records also document how the 25th Amendment applied to the Clinton Administration when President Clinton underwent knee surgery in 1997 (see image). Additional efforts with the transfer of Federal functions include President Clinton issuing Presidential Decision Directive (PDD) 67 on “Enduring Constitutional Government and Continuity of Government Operations” in 1998. The PDD remains classified.

President Clinton departs the National Naval Medical Center in a wheel chair following his stay for knee surgery. He is accompanied by Brian Stafford, Dr. Connie Mariano, and others, March 16, 1997, Photographer: Barbara Kinney.

Related Archival Collections

2016-0998-F: This collection consists of material concerning Presidential succession or disability events and how and when the 25th Amendment is implemented. The Staff and Office files contain reports, briefing materials, correspondence, and press materials relating to working groups and their intensive study of the 25th Amendment. Automated Records Management System (ARMS) Emails contain electronic communications between White House staff concerning government-wide Continuity of Operations (COOP) as well as press releases addressing the decision to not invoke the 25th Amendment during President Clinton’s knee surgery in 1997. National Security Council (NSC) Emails contain discussions regarding the logistics of drafting and transmitting Presidential Decision Directive (PDD) 67 on “Enduring Constitutional Government and Continuity of Government Operations.” This collection has not yet been digitized. View collection finding aid.

Option 1

Power of Veto

Students should review the Veto Power section on the Constitution and the Clinton Administration exhibit before completing any of the following assignments. Students may work individually or in groups.

Split students into three groups, the House of Representatives, the Senate, and the Executive Branch. Students will create their own bill they wish to pass through legislation. Once decided, one student is chosen to be the bill, and will walk through all three groups to be passed (House, Senate, and the Executive Branch). After visiting the House group and the Senate group, the ‘bill’ student should visit the Executive Branch group, to decide whether or not the bill will be signed by the President, and turned into a law.

If the Executive Branch group (President) signs and approves the bill, that is the end of the activity. If the executive group vetoes the bill, they must give a reason as to why, and the bill may start the legislation process over, and try again. Allocate 3-5 minutes for students to write 5-8 sentences on if they believe presidential veto power is fair, why or why not?

By the end of this activity, students will be able to understand the legislative process of passing a bill, and understand what a presidential veto is. Students should be able to explain both of these acts.

Option 2

Appointing Federal Judges

Students should review the Appointment of Federal Judges section the Constitution and the Clinton Administration exhibit before completing any of the following assignments. Students may work individually or in groups.

Begin activity with a brief overview of the 3 branches of government (Legislative, Judicial, and Executive). Put student names in a bowl and randomly pull names for 1 President Clinton, 1 Nominee Ruth Bader Ginsburg, and all other students shall be members of the Senate Judiciary Committee. The "President Clinton" will choose a "Nominee" for a federal judge position. The "Nominee (Ruth Bader Ginsburg)" will give a brief speech about why they are qualified. The "Senators" will ask questions, examples being, “How do you interpret the constitution?” and questions about the nominee’s loyalty to the Constitution of the United States. Senators will then vote on the placement of the presidential nominee, and if they are voted in, “Nominee RBG” will become an appointed federal judge.

By the end of the activity, students will understand how presidential appointments for federal judges work. Students will also be able to explain the process of a president nominating someone, the process of interviewing from the Senate, and the vote on whether or not to appoint said nominee. For all intents and purposes of the activity, the Senators will vote yes for the Presidential nomination.

Option 3

25th Amendment

Students should review the 25th Amendment - Presidential Succession (1967) page on the Constitution and the Clinton Administration exhibit and then split into 4 groups for the activity. Each group of students will be provided one section of the 25th Amendment and using information from the online exhibit, students will summarize their group’s section of the 25th Amendment in a few sentences. After being given 5-10 minutes to do this with their group, each group should stand and discuss their section and the procedures it outlines. By the end of this activity, students will have knowledge of the 25th Amendment and the guidelines it sets for presidential succession, as well as understand how the amendment gives examples of checks and balances.
Sections of the amendment for each group:

1. Presidential Succession
2. Vice Presidential Vacancy
3. President's declaration of inability
   

Option 4

War Powers

Students should review the Constitutionality of War Powers Resolution (1973) section of the Constitution and the Clinton Administration exhibit before completing any of the following assignments. Students may work individually or in groups.

Materials Needed:

• Copies of the U.S. constitution (Article I section 8 and Article II Section 2)
• Whiteboard or paper
• Markers
• Timer
• Printed Scenario cards (options down below)

Scenario Options:

• The President orders a military strike in response to an imminent threat from another country.
• The President wants to send troops to support a conflict in a foreign country without a formal declaration of war
• The President and Congress are in disagreement over military intervention in a conflict in a foreign country.

Review the sections of the Constitution listed above to explain war powers before splitting students into small groups of 3-5. Give each group a scenario and have them answer the following questions in their group:

1. What role does Congress play in this situation? 
2. What checks and balances exist to ensure the President does not overstep their authority in your scenario?
3. What are the constitutional implications of the President’s actions in your scenario?

Facilitate a class discussion about the different scenarios and have each group present briefly on their scenario and the group’s answered questions. 

By the end of this activity, students will understand the war powers of the president and be able to explain the balance between the executive and legislative branches of government.