Can Congress enact a legislative veto over administrative acts?

Study for the Administrative Law Exam with engaging flashcards and multiple choice questions. Enhance your understanding with hints and explanations to get you ready for your exam!

Congress cannot enact a legislative veto over administrative acts because such a mechanism has been deemed unconstitutional. The legislative veto is a provision that allows Congress to nullify an action of an executive agency without the need for the president's approval, but this concept was ruled against in the Supreme Court case of INS v. Chadha (1983). The Court determined that the legislative veto violates the Presentment Clause of the Constitution, which requires that all legislative actions be presented to the president for approval or disapproval.

The ruling emphasized the separation of powers, indicating that Congress cannot unilaterally override executive actions or regulations established by administrative agencies. This decision effectively prohibits Congress from enacting a legislative veto, thus affirming that the proper method for Congress to influence administrative actions must go through standard legislative processes, including bicameral approval and presidential consent.

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