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The Severability Of Legislative Veto Provisions: An Examination Of The Congressional Budget And Impoundment Control Act Of 1974, Steven W. Pelak
The Severability Of Legislative Veto Provisions: An Examination Of The Congressional Budget And Impoundment Control Act Of 1974, Steven W. Pelak
University of Michigan Journal of Law Reform
This Note examines the constitutionality of the legislative veto provision (section 1013(b)) in the Congressional Budget and Impoundment Control Act, and discusses section 1013(b)'s and Title X's severability from the Act. Part I demonstrates that Chadha invalidates section 1013(b). Part II outlines the traditional severability doctrine. Part III proposes a refined model of the severability doctrine with which to resolve severability conflicts involving legislative veto provisions. Part IV applies the proposed severability model to the Congressional Budget and Impoundment Control Act, and concludes that section 1O13(b)'s unconstitutionality requires that the entire Congressional Budget and Impoundment Control Act fall.
Re-Separating The Powers: The Legislative Veto And Congressional Oversight After Chadha, Kim I. Moses
Re-Separating The Powers: The Legislative Veto And Congressional Oversight After Chadha, Kim I. Moses
Cleveland State Law Review
This Note will initially trace the historical setting in which Chadha v. Immigration and Naturalization Service was decided. In light of the staunch defense of and radical opposition to the veto, the Court's decision will then be analyzed in terms of its scope as well as its potential ramifications. The major focus will concern the future of existing laws which presently embody legislative vetoes, whether they are valid despite these provisions, and how the future of congressional oversight may be affected by the potential demise of the legislative veto. Finally, this Note will recommend a proposal by which the legislature …