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Sec. 1130. |
Congress has, from time to time, passed laws
reserving to itself an absolute or limited right of review by approval
or disapproval of certain actions of the executive branch or of
independent agencies. These laws usually envision some form of
congressional action falling into one of three general categories: (1)
action by both Houses of Congress on a bill or joint resolution
requiring presidential signature; (2) action by one or both Houses of
Congress on a simple or concurrent resolution; and (3) action by a
congressional committee. Although provisions in the first category
remain viable, provisions in the latter two categories should be read in
light of Immigration and Naturalization Service v. Chadha, 462 U.S. 919
(1983). In that case the Supreme Court held unconstitutional as in
violation of the presentment clause of article I, section 7, and the
doctrine of separation of powers the provisions of the Immigration and
Nationality Act contemplating disapproval of a decision of the Attorney
General to allow an otherwise deportable alien to remain in the United
States by simple resolution of one House. That same year, the Supreme
Court summarily affirmed several lower court decisions invalidating
provisions contemplating disapproval of executive actions by methods
described in both categories (2) and (3) above. 463 U.S. 1216 (1983).
Since then, Congress has amended several ``legislative procedure''
statutes to convert provisions requiring simple or concurrent
resolutions to provisions requiring joint resolutions.
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