Wake Up America Take Action to Reduce Government Waste

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accomplished by a mere resolution - not"formal legislation" - thus avoiding thePresident's veto power. This "resolution"may require a one-house veto or a concurrent resolution which requires ooth houses(House and Senate) approval.As you can readily see, this list includestopics that affect our lives in one way oranother almost on a daily basis.It isthereforeessentialthat we look into thismatter of legislative veto more closely.

Billsrequiring Congressional review andpermitting rejection of all proposed Federalagency rules and regulations (and in somecases existing rules) have been introduced inincreasing numbers during the past few years,but no such comprehensive measure has beenpassed. Regulations issued by a few federalagencies, however, are now subject by law tosome type of Congressionalapproval or disapproval procedure.Historically, congressional veto provisions have tended to lack uniformity. Statuteseither may require that Executive proposalsbe approved by Congressbefore they can beimplemented or they may provide that anysuch proposals would become effectiveunlessdisapproved by Congress, usually within aspecific period of time. Some authorize eitherthe Senate or the House of Representatives,acting alone, to reject proposals. Othersrequire that ooth Houses must grant approvalor pass a disapproval measure. A number ofstatutes, however, allow affirmation or rejection merely by committee action in either oneor in both Houses of Congress.Likewise, the kind of measure whichmust be used for congressional veto purposesmay differ. Quite often a simple resolution of

onal veto allows Congress toion by passing a com::urrent or

having to submit thehis consideration.

either House is sufficient. However, manylaws provide instead that a concurrent res0lution of approval or disapproval must beemployed. A few congressional veto acts inrecent years have required that ooth Housesmust pass a joint resolution or, in a few instances, a bill must be sent to the President forapproval. Therefore, some experts believethat thisapproach isnot a "true congressionalveto measure". Congress still,however, canmake a final determination in at least twodifferent situations in which either a jointresolution or biD must be used: First, if the statute requires advance ap

proval by Congress, either one or oothHouses may reject a proposal simply bynot pas.'iingsuch a measure; Second, if the statute authorizes priorCongressional disapproval and if thePresident should veto a joint resolutionor bill passed by Congress to reject aproposal, both Houses could subsequently override the President's objections by a two-thirds vote.Because these "technical" proceduralfeatures have been adopted in various combinations during the last half century, at least 16

different types can be distinguished. In addition, others have been proposed but notenacted. The most numerous congressionalveto types and numbers of legislativevetoesintroduced to date in the 98th Congress are:1. Disapproval by a simple resolution pass-

cd by either the Senate or the HouRepresentatives (60 laws with 103visions);2. Disapproval by a concurrent resolpassed by ooth Houses (44 Jaws62 provisions);3. Approval given by committees inHouses (58 laws with 86 provisio4. Approval by concurrent resolupassed by ooth Houses (19 Jawswiprovisions).Nevertheless, at least 50 or more psions do not fallwithin these major type

are scattered among other lesscommoncedures.Basic procedures are often modifi

one or more ofseveraldifferent ways. Amayor may not be imposed on theduring which a proposal must be approvmay be rejected. The length of the perioany, may vary from a few days to semonths. Another method used provideeither one or both Houses, or a committecommittees ofooth Houses,may be authed to waive or shorten the length ofdeferral period during which a propotherwise could not become effective.few instances, statutes have providedspecific kind or size of vote for the actance or rejection of a proposal. Finallrecent years it has become quite commoset forth special rules of procedure to expconsideration by the Senate and HousRepresentatives when acting upon apprand disapproval resolutions. To the eone or more of these variations are incorated in any basic congressional veto typtends to only complicate and disorganizalready complex and diverse system.


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dent. Ihe retennon 01 a congressIOnalveto lanve veto ISa "land 01 cop-out" because It lure U1egovernment.

SOmR katkrs of Congress feel thE legislatveto is an invaluable mRans of ensuringeffectiveness of Congressional policies whiallowing the President fkxibility and discre


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According to Eizenstat ".. . it was veryuseful because it would have given the President the authority he otherwise would nothave." Eizenstat points out that in those casesin which a President sends legislation toCongress with a PresidentiaJ veto, it represents a courtesy between the two branches ofgovernment. But in those cases in which aveto isimposed on the President, it isviewedas an unwarranted legislative interferencewith the Executive branch of government.

Many experts feel that the legislativeveto has also helped Congressto "paper over"divisions in its own ranks. Instead of draftingspecific, unambiguous legislation that couldnot have been approved by Congress, thelawmakers often delegated broad authority toregulatory agencies with the provision that it(Congress) could veto the resulting regulations.

For example, Congress gave the FederalTrade Commission (FTC) broad authority toregulate in the area of consumer protection.However, the lawmakers then turned aroundand vetoed regu1ationsdeaJingwith thesaleofused cars. Regulations concerning funeralsand television commercials for childrenbarely survived Congressional scrutiny andpossible veto action.

The SupremeCourt RulesOn June 23, 1983, the Supreme Court

issued an opinion in the Immigration andNatl.lTalizationService (INS) versus Chadacase.The Court declaredone- and two-Houselegislative vetoes unconstitutional becausethey violated the "presentment" clause of the

Constitution (Article I, Section 7) and theseparation of powers doctrine. Left uncertainwas theConstitutionality of a legislative vetoincorporated in a joint resolution of approvaJor disapproval. A joint resolution would besent to the President for his signature.

The immigration legislation that figuredin the Supreme Court decision provides agood example of why Congress chose todelegate authority to the Executive Branch,subject to a congressionaJ veto.

Prior to the legislation, Congress wasflooded with private immigration bills admitting specific people to the United States, withfrequent suggestions that some members ofCongress were receiving payments forsponsoring the private immigration bills.Under the new laws, Congress delegatedauthority to the Anorney General (ExecutiveBranch) to permit aJiens to remain in theUnited States, subject to a veto by either theHouse or the Senate.

The Court'sImpactCongressional supporters and oppo

nents of the legislative veto agree that theSupreme Court's decision will create conflicton Capitol Hill and signifiamtly aJter the wayCongress conducts its business.

Experts predict that, in place of the legislative veto, Congress will pass tighter restrictions on Presidential authority and rely moreheavily on the power of the appropriationsand overseeing authority Congress canmuster.

According to Senator CaJLevin,Demo-

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erat of Michigan, " .. . the Court's decisigoing to create a lot of conflictand chaosWe (Congress) are either going to tiePresident's hands too much, and requirePresident to come to Congress for everythor we're going to givethe President 100 mpower. We've lost the use of a very flexmechanism."

Senator Charles E. Grassley, Repucan of Iowa, Chairman of the Senate Jciary Committee's Administrative Pracand Procedure Subcommittee feelsthat "the President isthe loser in the Court's ruIt probably means that there's going tovery narrow writing of legislation infuture."

Similarly, Representative Andy IrelDemocrat of Florida, has called for " ...newed initiative on the part of Congrescontrol regulatory abuses." Ireland feels"the Federal bureaucracy is still outcontrol. Congress created it, and it's up t(Congress) to control it, or eliminate parit, if necessary."Representative ElliotH. Levitas,Decrat of Georgia, the chief Congressiochampion of the legisIative veto pointsthat "the Court's decision is going to crithe things that this President or any Presiwill be able to do. Congress will havechoice but to severely circumscribe any dgation of authority to the President."Although in the minority, therethose experts who feel the Court's deci"... will almost certainly give Mr. Reaand all succeeding Presidents more powecertain key areas." They noted that,though the Congress will stil1 be ablestymie a President with legislation, a Pdent may himself veto such legisIation.PresidentiaJveto may be overridden onlytwo-thirds vote of both the Senate andHouse of Representatives.

Uoyd Cutler, a White House counse

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IYO" ha"" ony fwthe, q",sOo", rega",og Wok, Up.America, please contactThe United States JayceesWake Up, America program managerP.O. Box 7Tulsa, Oklahoma 74121-0007(918) 584-2481

This kit was produced through a grant from the J.M. Foundationin New York. New York.


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II THE JAYCEE CREED

WE BELIEVE:That faith in God gives meaning and purpose to human life;

That the brotherhood of man transcends the sovereignty of nations;That economic justice can best be won by free men through free enterprise;

That government should be of laws rather than of men;That earth's great trelNlre lies in human personality;And that service to humanity is the best work of life.

~)986. The U.S. JayceesA Community Development program or The U.S. Jaycees


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i THE JAYCEE CREEDWE BELIEVE:

That faith in God gives meaning and purpose to human life;That the brotherhood of man transcends the sovereignty of nations;

That economic justice can best be won by free men through free enterprise;That government should be of laws rather than of men;That earth's great tre~re lies in human personaHty;And that service to humanity is the best work of life.

1986. The U.S. JayeeesA CommWltty Development program of The U.S. JayeeeS

A Leadership Training Organization. P.O. Box 7.Tuba. Oklahoma 74121-0007.

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THE JAYCEE CRWE BELIEVE:


That economic justice can best be won by free men through free enterprise;That government should be of laws rather than of men;That earth's great treasure lies in human personality;And that service to humanity is the best work of life.

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1986. The U.S. JayeeesA Community Development program of The U.S. Jayeee~

A Leadership Training Organization. P.O. Box 7.Tuba. Oklahoma 74121-0007.(91R) 584-24R I


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That economic justice can best be won by free men through free enterprise;That government should be of laws rather than of men;

That earth's great tre~re lies in human personaHty;And that service to humanity is the best work of life.



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That faith in God gives meaning and pU'1X>seto human life;That the brotherhood of man transcends the sovereignty of nations;


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@J986. The U.S. JayceesA CommlU1ity Developmenl program of The U.S. Jaycees!'

A Leadcr.;hip Training Organizarion. P.O. Box 7.Tulsa. Oklahoma 74121-0007.(91 R) 584-24R 1


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That government should be of laws rather than of men;That earth's great treasure lies in human personality;And that service to humanity is the best work of life.

~J986. The U.S. Jaycee;A CommWlity Development program or The U.S. Jaycee

A Leadership Training Organizarion. P.O. Box 7.Tulsa. Oklahoma 74121-0007.(91 R) 5R4-24R IL


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That government should be of laws rather than of men;That earth's great treasure lies in human personality;And that service to humanity is the best work of life.


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Wake Up America Take Action to Reduce Government Waste