I am delighted to have been given the opportunity to comment on Judge Breyer's proposal for a fast-track substitute to the legislative veto. Although the Supreme Court invalidated the legislative veto device in INS v. Chadha, Judge Breyer's proposal demonstrates that innovative thinking may well permit those with enough determination to circumvent the apparent effect of the Court's decision. Even more important, the proposal illustrates why such circumvention is possible.
As a doctrinal matter, the legislative veto poses a real dilemma--one that is rooted in fundamental uncertainty about the proper relationship between the Supreme Court and the elected branches of government. Because the Supreme Court tried to resolve the constitutional issues raised by the legislative veto without first resolving that dilemma, the Chadha opinion is unsatisfying. Its tone is glib; its reasoning is superficial; and its analysis is linguistic rather than functional in nature.
72 Geo. L.J. 813 (1984)
Scholarly Commons Citation
Spann, Girardeau A., "Spinning the Legislative Veto" (1984). Georgetown Law Faculty Publications and Other Works. 1936.