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Was There a Baby in the Bathwater? A Comment on the Supreme Court's Legislative Veto Deci­sion

Strauss, Peter

Examining the Supreme Court's recent decisions in the legislative veto case, Professor Strauss stresses the importance of a distinction no Justice observed between use of the veto in matters affecting direct, continuing, political, executive-congressional relations, and use of the veto in a regulatory context. Only the latter, he argues, had to be reached by the Court; and only the latter presents the constitutional difficulties that troubled the Court. The utility of the veto in the political context makes the opinions' sweep regrettable.

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Also Published In

Title
Duke Law Journal
DOI
https://doi.org/10.2307/1372466

More About This Work

Academic Units
Law
Publisher
Duke University School of Law
Published Here
April 28, 2016