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US Federal Constitution QUESTION #5818
Question 1
Congress enacts a law that allows the Senate to veto any administrative rule made by the Environmental Protection Agency (EPA). Is this law constitutional?
  • Yes, because the EPA is an executive agency and Congress has oversight power.
  • Yes, because it is a valid exercise of the 'Necessary and Proper' Clause.
  • No, because it violates the bicameralism and presentment requirements of Article I.✔️
  • No, because it violates the Nondelegation Doctrine.
Correct Answer Explanation
Under INS v. Chadha, a 'legislative veto' is unconstitutional because it attempts to exercise legislative power without the two constitutional requirements: bicameralism (passage by both houses) and presentment (submission to the President for signature or veto).