Sec. 1013. |
Congress has, from time to time, passed laws
reserving to itself an absolute or limited right of review by approval
or disapproval of certain actions of the Executive Branch or of
independent agencies. These laws, known as ``Congressional disapproval''
statutes, usually envision some form of Congressional action falling
into one of three general categories: (1) action by both Houses of
Congress on a bill or joint resolution requiring Presidential signature;
(2) action by one or both Houses of Congress on a simple or concurrent
resolution; and (3) action by a Congressional committee. Although
provisions in the first category remain viable, provisions in the latter
two categories should be read in light of Immigration and Naturalization
Service v. Chadha, 462 U.S. 919 (1983). In that case the Supreme Court
held unconstitutional as in violation of the ``presentment clause'' of
article I, section 7, and the doctrine of separation of powers the
provisions of the Immigration and Nationality Act contemplating
disapproval of a decision of the Attorney General to allow an otherwise
deportable alien to remain in the United States by simple resolution of
one House. That same year, the Supreme Court summarily affirmed several
lower court decisions invalidating provisions contemplating disapproval
of executive actions by methods described in both categories (2) and (3)
above. 463 U.S. 1216 (1983). Since then, Congress has amended several
``Congressional disapproval'' statutes to convert provisions requiring
simple or concurrent resolutions to provisions requiring joint
resolutions.
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