Always read @joshchafetz.bsky.social, but especially this. I have come to the view that if and when we get to the other side, real constitutional reform will be needed, and allowing for some version of a legislative veto absolutely has to be part of that.
I hope you are building that list!
We are way overdue for a whole new constitution.
Also power of pardon needs to go
Constitutional reform really is necessary. Im wondering now if this necessity will be the spring out of which a sort of “civic engagement revival” in the people can be fermented.
So you're endorsing the REINS Act?
No, as it's both impractical and bad public policy. But note that in the Constitution Drafting Project, the conservative, libertarian, and progressive teams agreed to an amendment that would permit Congress to create legislative vetoes. constitutioncenter.org/media/files/...
Congress can already do that with a REINS-type mechanism. Why reinvent the wheel?
I wouldn't necessarily object to individual REINS-like mechanisms for particular statutes, but IMO congressional silence is too cheap to let the regulatory state be controlled by it. Congress should have more options.
Various action-forcing mechanisms can be used so that mere "silence" is not a veto. (And in my work on REINS I explain why this need not be a burden on the legislative calendar either.) Formalistic rules need not constrain creative and responsive management of principal-agent relationship.
I will look at your work on this, but I still think one would wish to eliminate the need for elaborate workarounds if one could. (Obviously a big "if".)
Would any of the complained of Trump actions - tariffs, impoundment, national emergencies, etc - even be subject to the REINS act? AFAIK, one of them are final agency rules in the ordinary sense
And by “one” I meant “none” (a rather substantive typo)
The current REINS proposal? Likely not. But the same mechanism could be used to, e.g., replace the emergency veto mechanism that used to exist. My point is that Chadha's formalism does not prevent Congress from exercising such authority -- if it wants it.
There’s a lot in the reins act that has nothing to do with any kind legislative veto. And a real legislative veto is made impossible by Chadha.
REINS-like mechanisms can create real legislative vetoed, as Breyer and Tribe both pointed out after Chadha was decided.
I don't get it. The voters voted in a wannabe dictator. They voted in a congress that is allied with him politically. Congress and the WH are delivering a dictator ish presidency. Are the people not getting what they asked for?
Ever heard of the Electoral College? The Senate? Gerrymandering? Voter suppression? "The voters" really did not vote for any of this shit.
I agree, how can ALL the Republicans just give up on their right to control the money☘️🇨🇦🇺🇸🍀🇺🇦
If and When doing a lot of work there
Only veto won't be enough, it seems. Congress have to be able to really do stuff. To give so much emphasis on the necessity of "power checking power" and not on power begetting power (for the people) is a important part of our current predicament.
bsky.app/profile/maga...
I would certainly enjoy vetoing this current legislature. 😉
We apparently need a recall process at the federal level as well for when loyalists aren’t willing to proceed with impeachment or Amendment 25.
Most of Congress are acting like Public's dogs.
2/2 That's Pavlov's dogs.
Put another way, if Executive Orders are issued, congress can veto them.
Or, EOs have to be *approved* by Congress in a roll call vote after hearing evidence of stakeholder input. Or abolish EOs altogether.
Thanks, Jamal!
The problem is Congress has tools it can use now and is choosing not to. A legislative veto may not be any different.
True, though that may be less true 18 months from now.