Q: What is meant by Legislative Control?
Legislative Control
- No de minimis exception (Public Citizen v. Young – no exception to Delaney Clause for dyes)
- Legislative veto unconstitutional (INS v. Chadha)
- Test – is it legislative in character? Yes ? need bicameralism and presentment
- formal – Congress acted
- functional – effect of changing powers, rights privileges and immunities
- Congressional Review Act – if both houses disapprove of agency rule and president doesn’t veto, rule nullified – BUT only used once
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