Examining the Supreme Court's recent decisions in the legislative veto case, Professor Strauss stresses the importance of a distinction no Justice observed between use of the veto in matters affecting direct, continuing, political, executive-congressional relations, and use of the veto in a regulatory context. Only the latter, he argues, had to be reached by the Court; and only the latter presents the constitutional difficulties that troubled the Court. The utility of the veto in the political context makes the opinions' sweep regrettable.
Peter L. Strauss,
Was There a Baby in the Bathwater? A Comment on the Supreme Court’s Legislative Veto Decision,
1983 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol32/iss4/3