MBE Rules · Constitutional Law
Legislative Veto
INS v. Chadha
The rule
Congressional action altering the legal rights of persons outside Congress must pass bicameralism and presentment; one-house or two-house legislative vetoes of executive action are unconstitutional.
In plain English
A legislative veto allows Congress to reject actions taken by the executive branch without going through the full legislative process. However, the Constitution requires that any law must be passed by both houses of Congress and presented to the President, making one-house or two-house legislative vetoes unconstitutional.
Worked example
Congress passed a law allowing the President to implement certain regulations, but included a provision that allowed either house of Congress to veto the President's regulations without a full vote. When the President issued a regulation, the House voted to veto it without involving the Senate. This veto was deemed unconstitutional because it did not follow the required bicameralism and presentment process.
Memory hook
No shortcuts: Congress must go through both houses and the President for laws to stick.
The trap
Students may confuse a legislative veto with the ability of Congress to oversee executive actions, leading them to incorrectly affirm the constitutionality of such vetoes. Exam questions often present scenarios where a legislative veto seems convenient but ultimately violate the bicameralism requirement.
How examiners test it
This rule typically appears in questions that involve a conflict between executive actions and legislative responses, often testing the boundaries of Congress's authority to check the executive branch.
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