Separation of Powers, Legislative Vetoes, and the Public Lands
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President, Prime Minister, Or Constitutional Monarch?
I McN A I R PAPERS NUMBER THREE PRESIDENT, PRIME MINISTER, OR CONSTITUTIONAL MONARCH? By EUGENE V. ROSTOW THE INSTITUTE FOR NATIONAL S~RATEGIC STUDIES I~j~l~ ~p~ 1~ ~ ~r~J~r~l~j~E~J~p~j~r~lI~1~1~L~J~~~I~I~r~ ~'l ' ~ • ~i~i ~ ,, ~ ~!~ ,,~ i~ ~ ~~ ~~ • ~ I~ ~ ~ ~i! ~H~I~II ~ ~i~ ,~ ~II~b ~ii~!i ~k~ili~Ii• i~i~II~! I ~I~I I• I~ii kl .i-I k~l ~I~ ~iI~~f ~ ~ i~I II ~ ~I ~ii~I~II ~!~•b ~ I~ ~i' iI kri ~! I ~ • r rl If r • ~I • ILL~ ~ r I ~ ~ ~Iirr~11 ¸I~' I • I i I ~ ~ ~,i~i~I•~ ~r~!i~il ~Ip ~! ~ili!~Ii!~ ~i ~I ~iI•• ~ ~ ~i ~I ~•i~,~I~I Ill~EI~ ~ • ~I ~I~ I¸ ~p ~~ ~I~i~ PRESIDENT, PRIME MINISTER, OR CONSTITUTIONAL MONARCH.'? PRESIDENT, PRIME MINISTER, OR CONSTITUTIONAL MONARCH? By EUGENE V. ROSTOW I Introduction N THE MAKING and conduct of foreign policy, ~ Congress and the President have been rivalrous part- ners for two hundred years. It is not hyperbole to call the current round of that relationship a crisis--the most serious constitutional crisis since President Franklin D. Roosevelt tried to pack the Supreme Court in 1937. Roosevelt's court-packing initiative was highly visible and the reaction to it violent and widespread. It came to an abrupt and dramatic end, some said as the result of Divine intervention, when Senator Joseph T. Robinson, the Senate Majority leader, dropped dead on the floor of the Senate while defending the President's bill. -
Beyond Accountability Lisa Schultz Bressman
Vanderbilt University Law School Scholarship@Vanderbilt Law Vanderbilt Law School Faculty Publications Faculty Scholarship 2003 Beyond Accountability Lisa Schultz Bressman Follow this and additional works at: https://scholarship.law.vanderbilt.edu/faculty-publications Part of the Administrative Law Commons, Agency Commons, and the Constitutional Law Commons Recommended Citation Lisa Schultz Bressman, Beyond Accountability, 78 Beyond Accountability. 461 (2003) Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/884 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law School Faculty Publications by an authorized administrator of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. ARTICLES BEYOND ACCOUNTABILITY: ARBITRARINESS AND LEGITIMACY IN THE ADMINISTRATIVE STATE LISA SCHULTZ BRESSMAN* This Article argues that efforts to square the administrative state with the constitu- tional structure have become too fixated on the concern for political accountability. As a result, those efforts have overlooked an important obstacle to agency legiti- macy: the concern for administrative arbitrariness. Such thinking is evident in the prevailing model of the administrative state, which seeks to legitimate agencies by placing their policy decisions firmly under the control of the one elected official responsive to the entire nation-the President. This Article contends that the "pres- idential control" model cannot legitimate agencies because the model rests on a mistaken assumption about the sufficiency of political accountability for that pur- pose. The assumption resonates with the premise, familiar in constitutional theory, that majoritarianism is the hallmark of legitimate government. -
Chapter 57 Veto of Bills
Chapter 57 Veto of Bills § 1. In General; Veto Messages § 2. House Action on Vetoed Bills § 3. — Consideration as Privileged § 4. — Motions in Order § 5. — Debate § 6. — Voting; Disposition of Bill § 7. Pocket Vetoes § 8. Line Item Veto Authority Research References U.S. Const. art. I § 7 4 Hinds §§ 3520–3552 7 Cannon §§ 1094–1115 Deschler Ch 24 §§ 17–23 Manual §§ 104, 107–109, 112–114, 1130(6B) § 1. In General; Veto Messages Generally The authority for the President to disapprove, or veto, a bill is spelled out in article I, section 7 of the Constitution. The same clause addresses the process by which the Congress can override a veto and enact a measure into law. The President has a 10-day period in which to approve or disapprove a bill. He can sign the bill into law or he can return it to the House of its origination with a veto message detailing why he chooses not to sign. If he fails to give his approval by affixing his signature during that period, the bill will become law automatically, without his signature. However, in very limited circumstances the President may, by withholding his signature, effect a ‘‘pocket veto.’’ If before the end of a 10-day signing period the Congress adjourns sine die and thereby prevents the return of the bill, the bill does not become law if the President has taken no action regarding it. At this stage, the bill can become a law only if the President signs it. Deschler Ch 24 § 17. For a discussion of pocket vetoes, see § 7, infra. -
The Congressional Veto: Preserving the Constitutional Framework
Indiana Law Journal Volume 52 Issue 2 Article 5 Winter 1977 The Congressional Veto: Preserving the Constitutional Framework Arthur S. Miller George Washington University George M. Knapp George Washington University Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Constitutional Law Commons, Courts Commons, Legislation Commons, and the President/ Executive Department Commons Recommended Citation Miller, Arthur S. and Knapp, George M. (1977) "The Congressional Veto: Preserving the Constitutional Framework," Indiana Law Journal: Vol. 52 : Iss. 2 , Article 5. Available at: https://www.repository.law.indiana.edu/ilj/vol52/iss2/5 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. The Congressional Veto: Preserving the Constitutional Framework ARTHUR S. MILLER* & GEORGE M. KNAPP** The men who met in Philadelphia in the summer of 1787 were practical statesmen, experienced in politics, who viewed the principle of separation of powers as a vital check against tyranny. But they likewise saw that a hermetic sealing off of the three branches of government would preclude the establishment of a Nation capable of governing itself effectively., INTRODUCTION This article analyzes a recent important development in the division of powers between Congress and the Executive. It is more speculative than exhaustive. The aim is to provide a different perspective on a basic constitutional concept. It is assumed that the "practical statesmen" who wrote the Constitution must have sought to establish a system of government which encouraged interbranch cooperation and abhorred unnecessary conflict. -
The Legislative Veto: Is It Legislation?
Washington and Lee Law Review Volume 38 | Issue 1 Article 13 Winter 1-1-1981 The Legislative Veto: Is It Legislation? Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Legislation Commons Recommended Citation The Legislative Veto: Is It Legislation?, 38 Wash. & Lee L. Rev. 172 (1981), https://scholarlycommons.law.wlu.edu/wlulr/vol38/iss1/13 This Note is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. THE LEGISLATIVE VETO: IS IT LEGISLATION? The complexity of the law-making process and the need for legislative efficiency have compelled legislatures to delegate authority to administrative agencies and departments.1 The delegation of the legislative power has raised important constitutional issues.2 The United States Constitution divides the federal government into three branches.' Each branch has specific powers and responsibilities.' The doctrine of separation of powers demands that each branch carry out only those functions designated by the Constitution.' The delegation of the legislative authority to executive administrative agencies, therefore, may constitute a violation of the separation of powers doctrine.6 For the most part, however, the Supreme Court has sanctioned such delegation.' ' See Stone, The Twentieth Century AdministrativeExplosion and After, 52 CALIF. L. REV. 513, 518-19 (1964). Stone has expressed the belief that the growth of administrative law is a response to legislative shortfalls. -
The Constitutionality of Legislative Supermajority Requirements: a Defense
The Constitutionality of Legislative Supermajority Requirements: A Defense John 0. McGinnist and Michael B. Rappaporttt INTRODUCTION On the first day of the 104th Congress, the House of Representatives adopted a rule that requires a three-fifths majority of those voting to pass an increase in income tax rates.' This three-fifths rule had been publicized during the 1994 congressional elections as part of the House Republicans' Contract with America. In a recent Open Letter to Congressman Gingrich, seventeen well-known law professors assert that the rule is unconstitutional.3 They argue that requiring a legislative supermajority to enact bills conflicts with the intent of the Framers. They also contend that the rule conflicts with the Constitution's text, because they believe that the Constitution's specific supermajority requirements, such as the requirement for approval of treaties, indicate that simple majority voting is required for the passage of ordinary legislation.4 t Professor of Law, Benjamin N. Cardozo Law School. tt Professor of Law, University of San Diego School of Law. The authors would like to thank Larry Alexander, Akhil Amar, Carl Auerbach, Jay Bybee, David Gray Carlson, Lawrence Cunningham, Neal Devins, John Harrison, Michael Herz, Arthur Jacobson, Gary Lawson, Nelson Lund, Erela Katz Rappaport, Paul Shupack, Stewart Sterk, Eugene Volokh, and Fred Zacharias for their comments and assistance. 1. See RULES OF THE HOUSE OF REPRESENTATIVES, EFFECTIVE FOR ONE HUNDRED FOURTH CONGRESS (Jan. 4, 1995) [hereinafter RULES] (House Rule XXI(5)(c)); see also id. House Rule XXI(5)(d) (barring retroactive tax increases). 2. The rule publicized in the Contract with America was actually broader than the one the House enacted. -
Timor-Leste's Constitution of 2002
PDF generated: 26 Aug 2021, 16:26 constituteproject.org Timor-Leste's Constitution of 2002 © Oxford University Press, Inc. Translated by Gisbert H. Flanz Prepared for distribution on constituteproject.org with content generously provided by Oxford University Press. This document has been recompiled and reformatted using texts collected in Oxford’s Constitutions of the World. constituteproject.org PDF generated: 26 Aug 2021, 16:26 Table of contents Preamble . 8 PART I: FUNDAMENTAL PRINCIPLES . 9 Article 1: The Republic . 9 Article 2: Sovereignty and Constitutionality . 9 Article 3: Citizenship . 9 Article 4: Territory . 9 Article 5: Decentralization . 10 Article 6: Objectives of the State . 10 Article 7: Universal Suffrage and Multi-Party System . 10 Article 8: International Relations . 11 Article 9: Reception of International Law . 11 Article 10: Solidarity . 11 Article 11: Valorization of Resistance . 11 Article 12: The State and Religious Denominations . 12 Article 13: Official Languages and National Languages . 12 Article 14: National Symbols . 12 Article 15: National Flag . 12 PART II: RIGHTS, DUTIES, LIBERTIES AND FUNDAMENTAL GUARANTEES . 12 TITLE I: GENERAL PRINCIPLES . 12 Article 16: Universality and Equality . 12 Article 17: Equality Between Women and Men . 13 Article 18: Child Protection . 13 Article 19: Youth . 13 Article 20: Old Age . 13 Article 21: Disabled Citizen . 13 Article 22: East Timorese Citizens Overseas . 13 Article 23: Interpretation of Fundamental Rights . 13 Article 24: Restrictive Laws . 14 Article 25: State of Exception . 14 Article 26: Access to Courts . 14 Article 27: The "Ombudsman" (The Defender of Human Rights and Justice) . 14 Article 28: Right to Resistance and Self-Defense . 15 TITLE II: RIGHTS, FREEDOMS AND PERSONAL GUARANTEES . -
The Line Item Veto Case and the Separation of Powers
The Line Item Veto Case and the Separation of Powers Matthew Thomas Klinet In Clinton v. City of New York, the Supreme Court struck down the Line Item Veto Act because it upset the finely wrought law-making process provided for in the Constitution's Presentment Clause. This Comment argues that the Court reached the right result in Clinton, but for the wrong reason. The Act gave the President the power to cancel certain budgetary items, thus vesting more law-execution power in the executive. Properly understood, the Act did not expand or alter the President's limited law- making veto power, as it is defined in the Presentment Clause. This Comment argues that the Act's reshuffling of power did, however, violate the separation-of-powersprinciple-one of the core political tenets upon which our government of limited powers rests. This Comment further con- tends that the Court should not have relied upon even an expansive inter- pretation of the Presentment Clause to strike down the Act, because as case law and history teach, the clause is directedat curbing the expansion of Congress'spower, not that of the President.Rather, the Court should have examined in their full light the fundamental separation-of-powers issues at play. After determining whether the shift in power presented the several indicia of a separation-of-powersviolation, the Court should have struck down the Line Item Veto Act on explicit separation-of-powers grounds, thus vindicating the long-term liberty interest that the principle centrally serves to safeguard. INTRODUCTION Dissents often help create a Supreme Court Justice's reputation. -
Legislative Department
ARTICLE I LEGISLATIVE DEPARTMENT CONTENTS Page Section 1. Legislative Powers ................................................................................................... 63 Separation of Powers and Checks and Balances ............................................................. 63 The Theory Elaborated and Implemented ................................................................ 63 Judicial Enforcement .................................................................................................. 65 Bicameralism ...................................................................................................................... 70 Enumerated, Implied, Resulting, and Inherent Powers .................................................. 71 Delegation of Legislative Power ........................................................................................ 73 Origin of the Doctrine of Nondelegability ................................................................. 73 Delegation Which Is Permissible ............................................................................... 75 Filling Up the Details .......................................................................................... 76 Contingent Legislation ........................................................................................ 76 The Effective Demise of the Nondelegation Doctrine ............................................... 78 The Regulatory State ........................................................................................... 78 -
Congressional Review Act
Disapproval of Regulations by Congress: Procedure Under the Congressional Review Act Richard S. Beth Specialist on the Congress and Legislative Process October 10, 2001 Congressional Research Service 7-5700 www.crs.gov RL31160 Disapproval of Regulations by Congress: Procedure Under the Congressional Review Act Summary The Congressional Review Act of 1996 established expedited (or “fast track”) procedures by which Congress may disapprove a broad range of regulatory rules issued by federal agencies by enacting a joint resolution of disapproval. For initial floor consideration, the Act provides an expedited procedure only in the Senate. (The House would likely consider the measure pursuant to a special rule.) The Senate may use the procedure for 60 days of session after the agency transmits the rule to Congress. In both houses, however, to qualify for expedited consideration, a disapproval resolution must be submitted within 60 days after Congress receives the rule, exclusive of recess periods. Pending action on a disapproval resolution, the rule may go into effect, unless it is a “major rule” on which the President or issuing agency does not waive a delay period of 60 calendar days. If a disapproval resolution is enacted, the rule may not take effect and the agency may issue no substantially similar rule without subsequent statutory authorization. If a rule is disapproved after going into effect, it is “treated as though [it] had never taken effect.” If either house rejects a disapproval resolution, the rule may take effect at once. If the President vetoes the resolution, the rule may not take effect for 30 days of session thereafter, unless the House or Senate votes to sustain the veto. -
The Legislative Veto and Congressional Review of Agency Rules
The Legislative Veto and Congressional Review of Agency Rules [The following testimony discusses the constitutional objections to legislative vetoes, which are grounded in principles of presentation, bicameralism, and separation of powers. The testimony also describes and responds to several theories advanced in support of the constitutionality of legislative vetoes. Finally, it outlines the Reagan Administration’s policy objections to legislative vetoes in the broader context of con gressional review of agency actions, and suggests alternative ways in which Congress may provide meaningful legislative oversight of executive action consistent with appli cable constitutional principles.] October 7, 1981 STATEMENT OF THEODORE B. OLSON, ASSISTANT ATTORNEY GENERAL, OFFICE OF LEGAL COUNSEL, BEFORE THE SUBCOMMITTEE ON RULES OF THE COMMITTEE ON RULES, UNITED STATES HOUSE OF REPRESENTATIVES Introduction Thank you for affording me the opportunity to appear before you today to discuss congressional review of agency rules and, in particular, legislative vetoes. I hasten to acknowledge that there may be little that I can add to this Subcommittee’s wisdom in this field. This Subcommittee performed a valuable service during the 96th Congress by holding extensive hear ings on this topic. I may not be able to expand upon the wealth of material contained in the several volumes published on this subject by this Subcommittee last Congress. I should note at the outset that I supplied testimony in this area last April to the Subcommittee on Agency Administration of the Commit tee on the Judiciary of the United States Senate. Rather than take your time with a repetition of the views expressed on that occasion, I am furnishing your Subcommittee with a copy of that testimony and ask that it be included as part of the record of today’s hearing. -
Veto Override Requirements and Executive Success*
Political Science Research and Methods Vol 6, No. 1, 153–179 January 2018 © The European Political Science Association, 2016 doi:10.1017/psrm.2015.80 . Veto Override Requirements and Executive Success* ROBERT J. MCGRATH, JON C. ROGOWSKI AND JOSH M. RYAN residential systems around the world vary in the proportion of legislators required to override an executive veto. We argue that the nature of the override provision affects executive influence in policymaking; as the proportion needed to override a veto increases, https://www.cambridge.org/core/terms P so should executive influence. We leverage varying override requirements across the US states to conduct a comparative study of executive influence over budgetary outcomes. Using governors’ budget requests and enacted appropriations for fiscal years 1987–2011, we provide evidence that state legislatures better accommodate budgetary requests in states with higher override require- ments. Further, governors whose preferences are extreme relative to the legislature are more likely to have their budgetary goals met in states with a higher veto threshold. he separation of policymaking powers across the legislative and executive branches of government is a defining feature of presidential systems. But as Neustadt (1990, T29, emphasis in original) reminds us, such systems are more accurately characterized by “separated institutions sharing powers.” However, owing to the executive’s independent election, legislatures and executives are unlikely to share the same preferences. Thus, because legislative policymaking requires the consent of both branches of government, interbranch conflict is inevitable. , subject to the Cambridge Core terms of use, available at Given the prevalence of institutional conflict between legislatures and executives, the allocation of powers across the branches has important implications for the policy outcomes that result.