Legislative veto
A
legislative veto exists in governments that separate
executive and
legislative functions if actions by the executive can be rejected by the legislative.
The legislative veto had an interesting, but short-lived function in the
United States government.
History
Beginning in the 1930s, the concurrent
resolution (as well as the simple resolution) was put to a new useâ€"serving as the instrument to terminate powers delegated tothe
Chief Executive or to disapprove particular exercises of power by him or his agents. The
legislative veto or
congressional veto was first developed in context of the delegation to the Executive of power to reorganize governmental agencies, and was reallyfurthered by the necessities of providing for national security and foreign affairs immediately prior to and during
World War II.
The proliferation of
congressional veto provisions in legislation over the years raised a series of interrelated constitutional questions.
Congress until relatively recently had applied the veto provisions to some action taken by the
President or another executive officerâ€"such as a reorganization of an agency, the lowering or raising of tariff rates, the disposal of federal propertyâ€"then began expanding the device to give itself a negative over regulations issued by executive branch agencies, and proposals were made to give Congress a negative over all regulations issued by executive branchindependent agencies.
INS vs. Chadha
In
INS v. Chadha, the
Supreme Court held a one-House congressional veto to be unconstitutional as violating both the
bicameralism principles reflected in
Article ISection 1 and
Section 7, and the presentment provisions of
Section 7, Clauses 2 and 3. The Court's analysis of the presentment issue made clear, however, that two-House veto provisions, despite their compliance with bicameralism, and committee veto provisions sufferthe same constitutional infirmity. In the words of dissenting Justice White, the Court in
Chadha "sound[ed] the death knell for nearly 200 other statutory provisions in which Congress has reserveda 'legislative veto.'"
*
Veto*
INS v. Chadha*
United States Constitution*
Constitution with Annotations - Article II. Legislative Department
