Reference no: EM133920769

Assignment:

Proposed legislation requires agencies to submit all regulations that they adopt for consideration by Congress. Most agency regulations would fall under the definition of a "nonmajor rule" and would go into effect unless Congress adopts a joint resolution disapproving the regulation. By contrast, a regulation that qualifies as a "major rule," which is defined by reference to various potential features including but not limited to having an annual effect on the economy of $100,000,000 or more, will not go into effect unless Congress adopts a joint resolution approving the regulation.

Critics of the proposed regulation contend that it violates the Supreme Court's decision in INS v. Chadha by allowing one house of Congress effectively to veto agency action by refusing to adopt a joint resolution. Supporters of the legislation counter that it merely converts major regulations into proposed legislation, and that it satisfies bicameralism and presentment by requiring both houses of Congress to act before such regulations take effect. Is the proposed legislation constitutional? Assuming it is constitutional, what would the legislation accomplish, and what drawbacks might the legislation present?