- Legislative veto
A legislative veto exists in governments that separate executive and
legislativefunctions if actions by the executive can be rejected by the legislature.
The legislative veto had an interesting, but short-lived function in the
United States government.
Beginning in the 1930s, the
concurrent resolution(as well as the simple resolution) was put to a new use—serving as the instrument to terminate powers delegated tothe Chief Executive or to disapprove particular exercises of power by him or his agents. The "legislative veto" or "congressional veto" was first developed in context of the delegation to the Executive of power to reorganize governmental agencies and was first authorized by the Reorganization Act of 1939. It was furthered by the necessities of providing for national security and foreign affairs immediately prior to and during World War II.
The proliferation of "congressional veto" provisions in legislation over the years raised a series of interrelated constitutional questions. Congress until relatively recently had applied the veto provisions to some action taken by the President or another executive officer—such as a reorganization of an agency, the lowering or raising of tariff rates, the disposal of federal property—then began expanding the device to give itself a negative over regulations issued by executive branch agencies, and proposals were made to give Congress a negative over all regulations issued by executive branchindependent agencies.
"INS vs. Chadha"
INS v. Chadha", the Supreme Court held a one-House congressional veto to be unconstitutional as violating both the bicameralismprinciples reflected in Article I, in Section 1 and Section 7, and the presentment provisions of Clauses 2 and 3 of Section 7. The Court's analysis of the presentment issue made clear, however, that two-House veto provisions, despite their compliance with bicameralism, and committee veto provisions suffer the same constitutional infirmity. In the words of dissenting Justice White, the Court in "Chadha" "sound [ed] the death knell for nearly 200 other statutory provisions in which Congress has reserved a 'legislative veto.'"
INS v. Chadha"
United States Constitution
* [http://www.gpoaccess.gov/constitution/pdf/con005.pdf Constitution with Annotations - Article II. Legislative Department]
Wikimedia Foundation. 2010.
Look at other dictionaries:
legislative veto — n: a resolution passed by one or both houses of a legislature that is intended to nullify an administrative regulation or action Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
legislative veto — a veto exercised by a legislature nullifying or reversing an action, decision, etc., of the executive branch. [1940 45] * * * legislative veto, a resolution passed by the legislative branch of government, used to block an action of the executive… … Useful english dictionary
legislative veto — a veto exercised by a legislature nullifying or reversing an action, decision, etc., of the executive branch. [1940 45] * * * … Universalium
veto — ve·to 1 / vē tō/ n pl ve·toes [Latin, I forbid, refuse assent to] 1: an authoritative prohibition 2 a: a power vested in a chief executive to prevent permanently or temporarily the enactment of measures passed by a legislature b: the exercise of… … Law dictionary
Veto — For other uses of Veto , see Veto (disambiguation). A veto, Latin for I forbid , is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation. Veto: An emphatic prohibition of any … Wikipedia
véto — vétérinaire [ veterinɛr ] adj. et n. • 1563; lat. veterinarius, de veterina, plur. neutre, « bêtes de somme » 1 ♦ Qui a rapport au soin des bêtes (animaux domestiques, de compagnie, bétail). Art vétérinaire. Médecin vétérinaire. Le service… … Encyclopédie Universelle
veto — vétérinaire [ veterinɛr ] adj. et n. • 1563; lat. veterinarius, de veterina, plur. neutre, « bêtes de somme » 1 ♦ Qui a rapport au soin des bêtes (animaux domestiques, de compagnie, bétail). Art vétérinaire. Médecin vétérinaire. Le service… … Encyclopédie Universelle
Veto — Droit constitutionnel: veto royal ou présidentiel : pouvoir reconnu au Chef de l Etat dans certains régimes de s opposer aux lois votées par l assemblée législative veto populaire : procédé de la démocratie semi directe qui permet au… … Lexique de Termes Juridiques
Veto Players — Veto Players: How Political Institutions Work [ [http://press.princeton.edu/titles/7419.html Tsebelis, G.: Veto Players: How Political Institutions Work ] ] is a book written by political science professor George Tsebelis in 2002. It is a game… … Wikipedia
Legislative Council of Hong Kong — 香港立法會 Hēung góng Laahp faat Wúih 4th Legislative Council … Wikipedia