Reading Room Document

The Legality of "Legislative Veto" Provisions

The document addresses the legality of "legislative veto" provisions in the context of congressional review of agency rules. The conclusion reached is that legislative veto provisions are constitutionally infirm because they fail to conform to constitutionally prescribed procedures for legislative action and intrude on the Executive's functions in appropriations bills. The document raises questions about the implications of the testimony given before the Subcommittee on Rules of the House of the House Rules Committee and clarifies that there should not be a distinction between appropriations bills and other bills as a benchmark for determining the constitutionality of legislative veto provisions. It also offers to examine any particular measure or provision and provide specific views if needed.

December 3, 1981