Today in Supreme Court History: October 7, 1982

10/7/1982: I.N.S. v. Chadha was argued.

Comments

[Gabriel Conroy]

This might be an unpopular point of view here, but I would support a constitutional amendment that would empower congress to do legislative vetoes. I’d also support an amendment that would empower Congress to recall presidential appointees for want of confidence instead of relying only on high crimes and misdemeanors.

[Martinned]

So what you’re telling me is that you’d support some constitutional amendments to overturn some of the more creative “Imperial Presidency” precedents of the last few decades? Count me in!

[LawTalkingGuy]

Do you mean one house vetoes, like the one in Chadha? Because there is the Congressional Review Act, which lets Congress quickly overturn agency rules it disagrees with while still going through bicameralism and presentment.

[Martinned]

But if a Congressional veto requires bicameralism and presentment, the thing you’re describing is basically a new Act.

[Gabriel Conroy]

I didn’t know about the Congressional Review Act, but if it does work by bicameralism AND presentment (therefore, it’s a way to fast track new laws to overturn regulatory rulings?), then 1) I don’t have an objection to it, 2) I hadn’t thought of that as a strategy, and 3) I would like to know how it works in practice.

I would support a legislative veto by one house only, or both houses. I suppose others’ mileage may vary.