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Stephen Breyer, The Legislative Veto after Chadha, 72 Geo. L. J. 785 (1984).

Abstract: The Supreme Court, in INS v. Chadha, held the legislative veto unconstitutional. Early reports have described the opinion as changing the balance of power between Congress and the executive. Certainly, the decision is important; Congress or the courts will have to reexamine dozens of statutes to determine whether an offending veto clause is severable or whether the entire statute falls with the clause. The balance of power consequences are more difficult to predict. Tonight, I shall begin a discussion of that subject by asking whether the old veto might reemerge in new legal clothes. Drawing on my experience on the Senate staff, I shall suggest it is just possible that there may be life after death for the legislative veto; but whether Congress will take the necessary steps is uncertain. One might also ask, "Is such a resurrection desirable?" Here, based upon my study of government regulation, I shall express skepticism.