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Topic: Legislative veto

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	Legislative veto of agency action found unconstitutional - INS v. Chadha, 462 U.S. 919 (1983)
		Finally, the veto's legislative character is confirmed by the fact that when the Framers intended to authorize either House of Congress to act alone and outside of its prescribed bicameral legislative role, they narrowly and precisely defined the procedure for such action in the Constitution.
		Because the legislative veto is commonly found as a check upon rulemaking by administrative agencies and upon broad-based policy decisions of the Executive Branch, it is particularly unfortunate that the Court reaches its decision in cases involving the exercise of a veto over deportation decisions regarding particular individuals.
		Legislation reflecting this change was passed by both Houses, and enacted into law as part of the Immigration and Nationality Act of 1952 over President Truman's veto, which was not predicated on the presence of a legislative veto.
	biotech.law.lsu.edu /cases/adlaw/ins_v_chadha.htm (18638 words)

	SOM - How does a Bill become a Law?
		In both houses, amendments must be approved by a majority vote of the members serving and the previous question maybe moved and debate cut off by a vote of a majority of the members present and voting.
		Following either passage or defeat of a bill, a legislator may move for reconsideration of the vote by which the bill was passed or defeated.
		Veto the bill and return it to the house of origin with a message stating the Governor's objections.
	www.michigan.gov /som/0,1607,7-192-29701_29704-2836--,00.html (1602 words)

	[No title]
		The Secretary argued, however, that the veto clause is severable from the remainder of Section 43, and that the Secretary's regulations relating to the duty-to-hire provisions of the EPP should therefore be sustained.
		A fair reading of the legislative record thus richly confirms what the court of appeals concluded: there is no reason to believe that, if Congress had anticipated the demise of the legislative veto, it would have wanted the courts to invalidate the duty-to-hire provisions of the EPP.
		By contrast, there is only one committee report reference to the legislative veto (and it relates the veto to the assistance program), and one Congressman on one occasion mentioned the legislative veto (and his comment was routine praise for a device he vigorously supported).
	www.usdoj.gov /osg/briefs/1986/sg860476.txt (9986 words)

	Veto - Wikipedia, the free encyclopedia
		In practice, the veto can be absolute (as in the U.N. Security Council, whose permanent members can block any resolution) or limited (as in the legislative process of the United States, where two-thirds of Congress can override the President's veto).
		The influence that the veto conveys to its holder is therefore directly proportional to the holder's conservatism, broadly defined.
		The term veto or exclusion or royal veto might also refer to a form of secular interference in papal conclaves.
	en.wikipedia.org /wiki/Veto (1843 words)

	[No title]
		In considering this question in the context of a legislative veto, it must be recognized that the absence of the veto necessarily alters the balance of powers between the Legislative and Executive Branches of the Federal Government.
		In considering this question in the context of a legislative veto, it is necessary to recognize that the absence of the veto necessarily alters the balance of powers between the Legislative and Executive Branches of the Federal Government.
		In arguing that the legislative veto is nonseverable, petitioners place great significance on the fact that the EPP is the only section of the Act to delegate authority to the DOL and only rules issued pursuant to that section are subject to the veto.
	www.law.mercer.edu /elaw/alaska.html (7064 words)

	sociology - Veto
		In Westminster Systems and most constitutional monarchies, the power to veto legislation by withholding the Royal Assent is a rarely-used reserve power of the monarch, representative of the monarch, or figurehead president who has replaced the monarch.
		The word "veto" does not appear in the United States Constitution, but Article I requires that all bills or other items of legislation passed by both houses of Congress be presented to the President for his approval.
		The legislative veto, by which Congress had nullified certain exercises of powers the body had delegated to the executive branch, was ruled unconstitutional by the United States Supreme Court in INS v.
	www.aboutsociology.com /sociology/Veto (700 words)

	USA, War, President, Law, Military, Page 12 (Site not responding. Last check: 2007-10-19)
		The legislative veto, in effect, allows Congress to legislate without its decisions on legislation being subject to the risk of presidential veto and the necessity of mustering the two-thirds vote in each chamber to override the veto.
		The Court held that the legislative veto was a resolution subject to the requirements of Article I, Section 7, Clause 3, of the Constitution.
		Chadha, ruled that a simple resolution (i.e., a one-house resolution) given the force of law and employed to effect a legislative veto of executive action did not meet the requirements of Article I and was therefore unconstitutional and null and void.
	www.proconservative.net /WarAmericaP5k.shtml (830 words)

	CRS/LII Annotated Constitution Article I
		The Legislative Veto.—Beginning in the 1930s, the concurrent resolution (as well as the simple resolution) was put to a new use— serving as the instrument to terminate powers delegated to the 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,458 and was really furthered by the necessities of providing for national security and foreign affairs immediately prior to and during World War II.
		That Chadha does not spell the end of some forms of the legislative veto is evident from events since 1983, which have seen the enactment of various devices, such as “report and wait” provisions and requirements for various consultative steps before action may be undertaken.
	www.law.cornell.edu /anncon/html/art1frag25_user.html (1415 words)

	[No title]
		QUESTION PRESENTED Whether the unconstitutional legislative veto provision in the section of the Federal Pay Comparability Act of 1970 that authorizes the President to prepare an alternative pay plan in certain circumstances is severable from the remainder of that section.
		The court therefore held that the legislative veto provision in the Pay Act is severable from the remainder of the Act (Pet.
		Yet if the alternative pay plan authority were to be excised along with the legislative veto provision, "the President's role would be reduced to merely a ministerial function of reporting to Congress the recommendations of his Pay Agent and the Advisory Committee on Federal Pay" (id. at 11a).
	www.usdoj.gov /osg/briefs/1986/sg860071.txt (4473 words)

	Glossary
		LEGISLATIVE HISTORY: Information on the background of legislation that may be used to determine "intent." In Oklahoma, legislative history is chronological.
		LEGISLATIVE VETO: A procedure permitting the Legislature, by joint or concurrent resolution, to disapprove an administrative rule.
		Legislative measures will provide only statutory citations for laws being repealed in the "repealer clause" found near the end of the measure.
	www.lsb.state.ok.us /house/leggloss.htm (5073 words)

	Clinton v. New York and the Constitutionality of the Executive Line-Item Veto
		Strangely, he completely neglected the difference between properly delegated legislative authority based on, among other things, a determination of fact that could not be made at the time the bill was passed, such as "Mexico is helping up fight the drug war," and "vetoing" a single spending item under the Act.
		Article I §; 1 has traditionally been interpreted to mean that Congress may grant legislative authority only for well-defined issues and after making clear their goals or intentions for the use of the delegated power.
		However, in striking down the legislative veto, the Court recalls that "it is crystal clear from the records of the [Constitutional] Convention, contemporaneous writings and debates, that the Framers ranked other values higher than efficiency." (INS v.
	www.haptonstahl.org /polisci/li-veto.htm (2135 words)

	Korn, J.: The Power of Separation: American Constitutionalism and the Myth of the Legislative Veto.
		She demostrates the continuing relevance of these principles by questioning the dominant scholarship on the legislative veto.
		Korn's analysis, however, shows that commentators have exaggerated the legislative veto's significance as a result of their incorrect assumption that the separation of powers was designed solely to check governmental authority.
		By examining the legislative vetoes governing the FTC, the Department of Education, and the president's authority to extend most-favored-nation trade status, Korn demonstrates how the powers that the Constitution grants to Congress made the legislative veto short-cut inconsequential to policymaking.
	press.princeton.edu /titles/5923.html (413 words)

	Legislative veto - Wikipedia, the free encyclopedia
		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 or congressional veto was first developed in context of the delegation to the Executive of power to reorganize governmental agencies, and was really furthered by the necessities of providing for national security and foreign affairs immediately prior to and during World War II.
		Chadha, the Supreme Court held a one-House congressional veto to be unconstitutional as violating both the bicameralism principles reflected in Article I Section 1 and Section 7, and the presentment provisions of Section 7, Clauses 2 and 3.
	en.wikipedia.org /wiki/Legislative_veto (283 words)

	The News Bulletin: Legislative Veto Session Invites Debate On A Variety Of State Issues
		In addition to the veto legislation, a number of other issues have been mentioned for possible consideration during the fall veto session.
		Many legislators contend that simply extending the rate freeze will only postpone an inevitable rate hike, and interfere with the free-market system.
		The legislators believe that adopting the proposed legal protections will keep Illinois in the running for the billion, almost zero-emission power plant that has been proposed.
	www.legalrecord.net /legislative-veto-session-invites-de.html (653 words)

	TheCapitol.Net > Glossary > L, M, N
		The specifics of the procedure varied, but Congress generally provided for a legislative veto by including in a bill a provision that administrative rules or action taken to implement the law were to go into effect at the end of a designated period of time unless blocked by either or both houses of Congress.
		The Supreme Court on June 23, 1983, struck down the legislative veto as an unconstitutional violation of the lawmaking procedure provided in the Constitution.
		In the House, the Majority Leader is second to the Speaker in the majority party’s leadership, and serves as his/her party’s legislative strategist.
	www.thecapitol.net /glossary/lmn.htm (1594 words)

	FindLaw: U.S. Constitution: Article I: Annotations pg. 25 of 58
		The Legislative Veto.--Beginning in the 1930s, the concurrent resolution (as well as the simple resolution) was put to a new use-- serving as the instrument to terminate powers delegated to the 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, 458 and was really furthered by the necessities of providing for national security and foreign affairs immediately prior to and during World War II.
		Chadha, 462 the Court held a one-House congressional veto to be unconstitutional as violating both the bicameralism principles reflected in Art.
	caselaw.lp.findlaw.com /data/constitution/article01/25.html (1236 words)

	TIME.com: An Epic Court Decision -- Jul 4, 1983 -- Page 1
		The veto clause was, by John Adams' proud reckoning, one of eight such checks and balances in the Constitution, all meant to ensure that no one branch of Government (nor even a volatile citizenry) could ever impose a tyranny on its own.
		In a sweeping decision, the court declared the legislative veto to be an unconstitutional usurpation of power by Congress.
		Apparently any exercise of the legislative veto amounts to a new piece of legislation, said Chief Justice Warren Burger in a lucid, 39-page majority opinion; Article I of the Constitution dictates that "every Order, Resolution or Vote"—any legislative act—by Congress is subject to the President's approval.
	www.time.com /time/magazine/article/0,9171,950907,00.html (692 words)

	IBHE- Capital Updates: Legislation
		This report summarizes legislation introduced for consideration in the 2003 spring session of the Illinois General Assembly.
		This item recommends a legislative proposal that would create penalties for individuals who falsely hold themselves out as graduates of legitimate Illinois colleges and universities to secure business, employment, or admission to legitimate academic institutions.
		This report provides a summary of fall 2001 legislative session activity, and includes summaries of all bills related to higher education enacted by the General Assembly during the spring 2001 legislative session and summaries of bills introduced subsequent to the General Assembly's adjournment in May.
	www.ibhe.state.il.us /LegislativeBills/legislation.htm (732 words)

	HOUSE COMMITTEE ON RULES -- HEARINGS
		It cited language from the legislative veto case, INS v.
		The impact is on the internal procedures of Congress and does not raise the kind of presentment issues that the Court dealt with in the legislative veto and item veto cases.
		They continue to send a not very subtle message that Members of Congress are chronically and incurably irresponsible in exercising their legislative duties and must rely on the finer, nobler instincts of the President to delete wasteful programs and projects.
	www.rules.house.gov /archives/rules_fish07.htm (3175 words)

	Veto - Search Results - MSN Encarta
		Veto in parliamentary government, the executive power, as that of the president of the United States, to abrogate or kill a measure that has...
		Relations with the Soviet Union remained on a rocky road, and hundreds of U.S. troops died as the United States found itself deeply...
		- right to reject legislation: the power of one branch of government to reject the legislation of another
	encarta.msn.com /Veto.html (137 words)

	Veto Happy
		of legislation that his wife, the state's First Lady, testified in favor of.
		veto authority to zero out more than 1,000 items from the state budget.
		Often, it is left to the courts to resolve the dispute.
	astro.temple.edu /~wesleck/Veto_Happy.html (1701 words)

	War Powers Act, Presidential Warmaking, Ford, Reagan
		President Nixon vetoed the legislation on the grounds that, if the bill became law, it would unconstitutionally encroach on the President's war powers.
		Every post-1973 president has taken the position that the legislative veto incorporated into the statute violates the U.S. Constitution, since it empowers Congress to compel the President to do something the Constitution does not require him to do--namely, remove U.S. military forces from overseas deployment at some point in time arbitrarily set by Congress.
		I am personally convinced that we cannot continue to begin each military in- volvement abroad with a prolonged tedious and divisive negotiation between the executive and the legislative branches of Government.
	www.geocities.com /way_leroy/ProConVolTwoIssueOnePage5.html (2397 words)

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