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The authority of the Congress to veto regulations promulgated by the executive branch was the subject of a lawsuit argued before the U.S. Supreme Court early this month.

The case involves a challenge to a veto of federal immigration regulations, but the decision could have implications for education-program regulations as well, if the Justices issue a broad ruling about the constitutionality of the so-called "legislative veto."

Most regulations governing federal education programs are subject to Congressional approval, and the Congress has exercised its veto power several times, most recently over the issue of whether the provisions of the General Education Provisions Act should be incorporated into the new federal education block-grants program.

In the case, Immigration and Naturalization Service v. Chadha, the U.S. Solicitor General, Rex E. Lee, argued that the legislative veto violates the constitutional separation of government powers.

Attorneys for the Congress countered that the practice was a tool for overseeing federal agencies.

The lawsuit comes at a time when several members of Congress have introduced regulatory-reform bills that would allow a veto of most federal rules.

Vol. 02, Issue 15

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