The Severability of Legislative Veto Provisions: An Examination of the Congressional Budget and Impoundment Control Act of 1974

Authors

Steven W. Pelak, University of Michigan Law School

Abstract

This Note examines the constitutionality of the legislative veto provision (section 1013(b)) in the Congressional Budget and Impoundment Control Act, and discusses section 1013(b)'s and Title X's severability from the Act. Part I demonstrates that Chadha invalidates section 1013(b). Part II outlines the traditional severability doctrine. Part III proposes a refined model of the severability doctrine with which to resolve severability conflicts involving legislative veto provisions. Part IV applies the proposed severability model to the Congressional Budget and Impoundment Control Act, and concludes that section 1O13(b)'s unconstitutionality requires that the entire Congressional Budget and Impoundment Control Act fall.

Recommended Citation

Steven W. Pelak, The Severability of Legislative Veto Provisions: An Examination of the Congressional Budget and Impoundment Control Act of 1974, 17 U. Mich. J. L. Reform 743 (1984).
Available at: https://repository.law.umich.edu/mjlr/vol17/iss3/10