University of Kentucky UKnowledge Law Faculty Scholarly Articles Law Faculty Publications Spring 1985 Separation of Powers, Legislative Vetoes, and the Public Lands Eugene R. Gaetke University of Kentucky College of Law,
[email protected] Follow this and additional works at: https://uknowledge.uky.edu/law_facpub Part of the Constitutional Law Commons, and the Property Law and Real Estate Commons Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Eugene R. Gaetke, Separation of Powers, Legislative Vetoes, and the Public Lands, 56 U. Colo. L. Rev. 559 (1985). This Article is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Scholarly Articles by an authorized administrator of UKnowledge. For more information, please contact
[email protected]. Separation of Powers, Legislative Vetoes, and the Public Lands Notes/Citation Information University of Colorado Law Review, Vol. 56, No. 3 (Spring 1985), pp. 559-580 This article is available at UKnowledge: https://uknowledge.uky.edu/law_facpub/413 SEPARATION OF POWERS, LEGISLATIVE VETOES, AND THE PUBLIC LANDS EUGENE R. GAETKE* The Supreme Court's decision in Immigration and Naturalization Service v. Chadha' struck a serious, if not fatal, blow to the constitu- tional acceptability of the legislative veto.2 In Chadha the Court held that a provision of the Immigration and Naturalization Act,3 which permitted one House of Congress to reverse a decision by the Attorney General not to deport an alien,4 was a violation of the doctrine of sepa- ration of powers since it did not comply with the requirements of pas- sage by both Houses of Congress and presentment to the President.5 In light of that decision, the constitutionality of nearly 200 statutes6 utilizing some form of the legislative veto7 is questionable.