BLAIR LEE III, Acting Governor

3163

gubernatorial emergency orders, rules and regulations);
and Transportation Article, §8—610 (Local Delegation
review and approval of 20—year highway needs study).

18   This requirement applies to all Executive Branch
agencies and not just those which are subject to the
Administrative Procedure Act. 62 Op. Atty. Gen.,
supra.

19   "If the adopting agency declares   the rule, regulation,
or standard necessary as an     emergency measure, the
rule, regulation, or standard     may become effective
immediately after submission     to the committee if
approved...." Sec. 40A(g).

2 0 Significantly, this bill does not authorize the
suspension, amendment, annulment, or repeal of existing
rules. Thus, we need not address the wholly novel
question of whether such a provision would either
contravene or be implicitedly authorized by Article 9
of the Declaration of Rights, which provides, "...no
power of suspending laws or the execution of laws,
unless by, or derived from the Legislature, ought to be
exercised or allowed. (Emphasis supplied).

21   "The alleged contravention....arises from plaintiff's
syllogism that: (1) Congress possesses only the powers
delegated by the Constitution; (2) the Constitution
delegates only legislative power to Congress; (3) all
legislative power is delegated to both Houses, acting
bicamerally; (4) the one—House veto is either a
legislative act, or it is not; (5) if it is not
legislative, it is beyond the power of Congress; (6) if
it is legislative. Congress must follow the
constitutionally prescribed legislative route, which
involves action by both Houses." 556 F.2d at 1062.

22   "Many policy choices are made within Congress which do
not call for bicameral action and are not susceptible
to presidential veto. The decision not to introduce a
bill, or not to vote on a bill once introduced, is an
example. Laws are allowed to lapse and not be
reenacted. On the level of other actions taken by less
than the full Congress, the House of Representatives
can refuse to introduce legislation authorizing the
raising of revenue; and the comments of a single
Congressman or Senator can often result in changed
policies, not only throughout the Federal Government,
but in the private sector." 556 F.2d at 1062, n. 24.

23   "Does the veto violate the Constitution by delegating
the legislative power of the Congress to one of its
parts? The conclusion must be no. If the legislative
veto can be said to be ancillary to legislation and not
legislation per se, and if therefore the veto can be