Three recent decisions by the United States Supreme Court, Immigration and Naturalization Service v. Chadha, Consumer Energy Council v. Federal Energy Regulatory Commission, and Consumers Union v. Federal Trade Commissions have altered the balance of power between Congress and the executive branch, invalidating a congressional check on executive power which had been in use for over fifty years. In an opinion in Chadha and by affirmance in the other cases, the Court held that under the separation of powers doctrine the legislative veto violated the presentment and bicameral requirements of the Constitution and thereby intruded on the province of the executive branch. The effect of these decisions extends far beyond the legality of the immigration, natural gas, and trade commission acts considered by the Court. There is every indication in Chadha and in the memorandum opinion affirming the other two cases that some 320 legislative veto provisions in approximately 210 laws are now invalid. The specific impact of Chadha and its progeny on the executive reorganization acts and possible congressional alternatives to the legislative veto for controlling administrative agency discretion are the subjects of this comment.
Peter M. Mellette,
Effect of Immigration & Naturalization Service v. Chadha on Executive Reorganization,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol18/iss1/6