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Encyclopedia > 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. Under the doctrine of the separation of powers, the executive is the branch of a government charged with implementing, or executing, the law. ... A legislature is a governmental deliberative body with the power to adopt laws. ...

Contents

United States

The legislative veto had an interesting, but short-lived function in the United States government. The government of the United States, established by the United States Constitution, is a federal republic of 50 states, a few territories and some protectorates. ...


History

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, and was really furthered by the necessities of providing for national security and foreign affairs immediately prior to and during World War II. This article concerns the legal meaning of the term resolution. ... The head of government is the leader of the government or cabinet. ... Mushroom cloud from the nuclear explosion over Nagasaki rising 18 km into the air. ...


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 officer—such as a reorganization of an agency, the lowering or raising of tariff rates, the disposal of federal property—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 branch independent agencies. Seal of the Congress. ... President of the United States - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ...


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 I [ Section 1 (http://wikisource.org/wiki/Constitution_of_the_United_States_of_America#Section_1)] and [ Section 7 (http://wikisource.org/wiki/Constitution_of_the_United_States_of_America#Section_7)], and the presentment provisions of [ Section 7, Clauses 2 and 3 (http://wikisource.org/wiki/Constitution_of_the_United_States_of_America#Section_7)]. 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 suffer the 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 reserved a 'legislative veto.'" INS v. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... In government, bicameralism is the practice of having two legislative or parliamentary chambers. ... Article One of the United States Constitution establishes the legislative branch of government, Congress, which includes the House of Representatives and the Senate. ...


See Also

The word veto comes from Latin and literally means I forbid. ... INS v. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Constitution of the United States is the supreme law of the United States of America and is...

External Links

  • [Constitution with Annotations - Article II. Legislative Department (http://www.gpoaccess.gov/constitution/pdf/con005.pdf)]

  Results from FactBites:
 
veto: Definition, Synonyms and Much More from Answers.com (2702 words)
A legislative veto is a statutory device that subjects proposals and decisions of executive branch administrative agencies to additional legislative consideration.
The legislative veto circumvents traditional bill-passing procedures in that the legislative action is not presented to the executive for approval.
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, the representative of the monarch (e.g., governor general), or British-style president (who serves the same function as a constitutional monarch, but in a republic).
Legislative veto of agency action found unconstitutional - INS v. Chadha, 462 U.S. 919 (1983) (18638 words)
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.
  More results at FactBites »


 

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