The Decline of the Legislative Veto: Federal/State Comparisons and Interactions

Abstract

Legislative veto systems originated in the 1930s. Their number increased steadily until the early 1980s and then declined significantly. The decline of the legislative veto is attributable primarily to decisions by a number of state supreme courts between 1980 and 1984, and by the U.S. Supreme Court in 1983. Almost all court decisions have held the legislative veto to be an unconstitutional violation of the separation of powers. In addition, most proposals to authorize the legislative veto by state constitutional amendment have been rejected by voters. There has also been a decrease in legislators' enthusiasm for the legislative veto, even in states where it has not been declared unconstitutional. Legislators have found other ways to control administrative agencies. In examining the decline of the legislative veto, one finds that the federal government exercised little influence over the states, the states exercised still less influence over the federal government, but the states did significantly influence one another.