Monday, January 16, 2006

Old article on legislative veto

To see what the arguments for and against legislative veto were before Chadha, check out "Constitutionality of the Legislative Veto" by Stewart, 13 Harv J. Legis 593. (Available from Hein online.)

Mostly pro-leg.veto. Argues that separation of powers can't protect us if agencies are independent, and focuses on congress's core authority (control over prospective rule-making) to show that some leg.vetos are likely constitutional. Agencies are basically just mini-congresses, and congress should be able to set their policy. Application to particular individuals (like Chadha) are more problematic if they interfere with the textual grant of "faithfully executing the laws", but most leg.vetos should be okay.

Short and good.

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