3154

VETOES

no separation—of—powers problem arises from such
a delegation. Moreover, when Congress delegates
authority of the kind we have here to a member of
the executive branch, the delegation does not
convert the authority granted into an irrevocable
executive power, because in exercising the
delegated functions, the executive officer merely
acts as an agent of the legislative branch of the
Government. This is particularly true when, as
here Congress utilizes an executive officer or
administrative agency to make investigations and
reports for the ultimate information of Congress.

Sunshine Coal Co. v. Adkins, 310 U.S. 381, 398,

60 S.Ct. 907, 84 L.Ed. 1263 (1940); Humphrey's
Executor v. United States, 295 U.S. 60 2, 628, 55
S.Ct. 869, 79 L.Ed. 1611 (1935). To plaintiffs'
argument that Congress cannot meddle once it has
delegated power, it may be observed that
legislation is itself a form of supervision.
Congress has two roles: initial formulation of
policy and supervision. The only pertinent
question is in what manner Congress can oversee.

In this case, whether the answer is by

full-fledged statute or by one—House veto, there

would be neither a violation of the

separation—of—powers principle nor an invalid

intrusion on executive power since the

pay—setting function is basically legislative in
character and embodies no substantial element of,

or incursion into, the administration,

enforcement, or execution of the laws."

Atkins v. United States, supra, 5 56 F. 2d at 1067-106 8
(emphasis supplied).29 We find the Atkins rationale to be
both persuasive and fully consistent with the inhibitions of
Article 8, as thus far construed by the Court of Appeals of

Maryland.

In addition, we note that administrative rulemaking
itself was originally attacked as an attempt to vest
legislative power in the Executive contrary to Article 8,30
and that it was upheld, first of all, on the basis that
administrative agencies:

"... while operating as independent and important
agencies in the carrying out of state policies,
do so on a plan which, in theory at least, is
subordinate in importance to that occupied by the
legislative, judicial and executive branches of
government. It is certainly true that their
policies and indeed their very existence is
dependent upon the will of the Legislature which
created then, while the functions and powers of
the Governor, the Judges and the Legislature are
imbedded in the Constitution. Article 8 of the