The last sixty years have witnessed an enormous growth at the federal and state levels in both the number and size of administrative bureaucracies.' Agencies have been created to implement and administer legislation passed by the Congress or state legislatures. The grant of rulemaking authority has been given to executive agencies because legislatures have often found themselves unable, or unwilling, to fine-tune laws addressing today's increasingly complex society. The fine-tuning has been left to administrative agencies, particularly where scientific, economic, or other expertise is needed to determine how the law should be implemented. The purpose of this Article is to examine the constitutionality of the legislative veto as it exists in Missouri, specifically the powers of the JCAR. Part II of the Article traces the history of the JCAR and the various types of powers given to it.Part III of the Article examines the experiences of the United States government and other states to determine their applicability to Missouri. Part IV examines the various grants of power to determine whether they comply with the Missouri constitution.
Kenneth D. Dean,
Legislative Veto of Administrative Rules in Missouri: A Constitutional Virus,
57 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol57/iss4/3