Constitutional Law - The Demise of the Legislative Veto. The Struggle for Political Accountability

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McGuinn, M. Kathleen Turano
Issue Date
1984
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Journal Article
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INTRODUCTION|On June 23, 1983, the United States Supreme Court ruled that a "legislative veto" provision in the Immigration and Nationality Act violated the constitutional requirement that legislation be enacted by both houses of Congress and presented to the President for signature or veto. The Supreme Court's ruling in the deportation case of Immigration and Naturalization Service v. Chadha swept aside a fifty-year-old device found in more than two hundred statutes. Justice White, one of two dissenting Justices, wrote that the "decision strikes down in one fell swoop provisions in more laws enacted by Congress than the Court has cumulatively invalidated in its history. The purpose of this article is to trace the statutory and constitutional history of the legislative veto; to analyze the Supreme Court's decision in Chadha; to assess the potential impact of Chadha on other statutes-most notably the War Powers Resolution; and ultimately to reach some conclusions relative to the effect of Chadha upon the constitutional balance of power among the three branches of the federal government....
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17 Creighton L. Rev. 915 (1983-1984)
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Creighton University School of Law
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