Reading Room Document

Legislative Veto of Rules Promulgated by "Independent" Agencies

The document is a memorandum discussing the issue of legislative veto of rules promulgated by "independent" agencies. The author strongly objects to any compromise that would concede the constitutionality of legislative veto devices as applied to decision-making by independent agencies. The document presents the historical context of the Department of Justice's arguments against the constitutionality of the legislative veto device and emphasizes the dangers to the power of the President in the creation of these so-called independent agencies. The document also raises concerns about the potential erosion of the President's role in executing the law and the implications of not presenting the views of the Department of Justice in litigation on this issue. The questions presented for review include whether the Administration should adopt a policy of not appearing in litigation challenging the constitutionality of legislative veto devices as applied to independent agencies and the potential consequences of such a policy decision.

March 13, 1981