The modern legislative veto : macropolitical conflict and the legacy of Chadha / Michael J. Berry.

Format:

Book

Author/Creator:

Berry, Michael J.

Contributor:

Michigan Publishing (University of Michigan), publisher.

Series:

Legislative politics & policy making

Legislative politics and policy making

Language:

English

Subjects (All):

Chadha, Jagdish Rai--Trials, litigation, etc.

Chadha, Jagdish Rai.

Legislative veto--United States.

Legislative veto.

United States.

Genre:

Electronic books.

Physical Description:

1 online resource.

Place of Publication:

Ann Arbor : University of Michigan Press, 2016.

System Details:

text file

Summary:

In The Modern Legislative Veto, Michael J. Berry uses a multimethod research design, incorporating quantitative and qualitative analyses, to examine the ways that Congress has used the legislative veto over the past 80 years. This parliamentary maneuver, which delegates power to the executive but grants the legislature a measure of control over the implementation of the law, raises troubling questions about the fundamental principle of separation of governmental powers. Berry argues that, since the U.S. Supreme Court declared the legislative veto unconstitutional in Immigration and Naturalization Service (INS) v. Chadha (1983), Congress has strategically modified its use of the veto to give more power to appropriations committees. Using an original data-set of legislative veto enactments, Berry finds that Congress has actually increased its use of this oversight mechanism since Chadha, especially over defense and foreign policy issues. Democratic and Republican presidents alike have fought back by vetoing legislation containing legislative vetoes and by using signing statements with greater frequency to challenge the legislative veto's constitutionality. A complementary analysis of state-level use of the legislative veto finds variation in oversight powers granted to state legislatures, but similar struggles between the legislature and the executive. This ongoing battle over the legislative veto points to broader efforts by legislative and executive actors to control policy, efforts that continually negotiate how the democratic republic established by the Constitution actually operates in practice. Book jacket.

Contents:

Introduction : macropoitical conflict over the legislative veto

Origin and evolution : te path to Chadha

Reassessments and reformations : the modern era

When to deploy? Strategies of congressional oversight

"Congressional aggrandizement" : the persistence of presidential opposition

The conflict's front lines : national security and foreign policy

Suspend or nullify : veto oversight in U.S. statehouses

Conclusion : a tenuous equilibrium? The current landscape and future prospects.

Notes:

Includes bibliographical references (pages 321-338) and index.

Description based on information from the publisher.

ISBN:

9780472119776

9780472121724

Publisher Number:

10.3998/mpub.8836128

Access Restriction:

Restricted for use by site license.