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Abstract
| Argument: |
Monday, February 22, 1982
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| Reargument: |
Tuesday, December 7, 1982
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| Decision: |
Thursday, June 23, 1983 |
| Issues: |
Miscellaneous, Legislative Veto |
| Categories: |
aliens, justiciability, political questions, standing |
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Advocates
| Michael Davidson |
(Reargued the cause for the petitioner in No. 80-2171) |
| Eugene Gressman |
(Reargued the cause for the petitioner in No. 80-2170) |
| Rex E. Lee |
(Reargued the cause for the Immigration and Naturalization Service in all cases) |
| Alan B. Morrison |
(Reargued the cause for Jagdish Rai Chadha in all cases) |
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Facts of the Case
In one section of the Immigration and Nationality Act, Congress authorized either House of Congress to invalidate and suspend deportation rulings of the United States Attorney General. Chadha had stayed in the U.S. past his visa deadline and was ordered to leave the country. The House of Representatives suspended the Immigration judge's deportation ruling. This case was decided together with United States House of Representatives v. Chadha and United States Senate v. Chadha.
Question
Did the Immigration and Nationality Act, which allowed a one-House veto of executive actions, violate the separation of powers doctrine?
Conclusion
The Court held that the particular section of the Act in question did violate the Constitution. Recounting the debates of the Constitutional Convention over issues of bicameralism and separation of powers, Chief Justice Burger concluded that even though the Act would have enhanced governmental efficiency, it violated the "explicit constitutional standards" regarding lawmaking and congressional authority.
