Congressional Delegation to Executive

Question 1

Line-item Veto

Answer 1

Unconstitutional because the resulting Act was not passed by both houses. President could sign into law then strike the lines he didn’t like so the resulting law did not satisfy bicameralism and presentment.

-There is no provision in the Constitution that authorizes the President to enact, to amend, or to repel statutes.

Question 2

Non-Delegation Doctrine

Answer 2

Congress may not delegate its legislative power to administrative agencies.
(nonexistent today)

-Non-delegation challenges to federal law are extraordinary difficult today largely because supreme court has adopted a functionalist approach = Makes administrative sense,

Question 3

Legislative Veto

Answer 3

Authorizes Congress to overturn an agency’s decision by a resolution of one house of Congress.

-If Congress wants to overturn an executive action there must be bicameralism and presentment. Anything less is a legislative veto and unconstitutional
• Case: Chadha