Reading Room Document

The Legislative Veto and Congressional Review of Agency Rules

The following testimony discusses the constitutional objections to legislative vetoes, which are grounded in principles of presentation, bicameralism, and separation of powers. The testimony also describes and responds to several theories advanced in support of the constitutionality of legislative vetoes. Finally, it outlines the Reagan Administration's policy objections to legislative vetoes in the broader context of congressional review of agency actions, and suggests alternative ways in which Congress may provide meaningful legislative oversight of executive action consistent with applicable constitutional principles. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/22776/download.

October 7, 1981