INS v. Chadha

Media Items
Oral Argument
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Oral Reargument
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Advocates
Alan B. Morrison (Reargued the cause for Jagdish Rai Chadha in all cases)
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)
Case Basics
Docket No.: 
80-1832
Petitioner: 
Chadha
Respondent: 
Immigration and Naturalization Service (INS)
Consolidation: 
United States House of Representatives v. Immigration and Naturalization Service (INS), No. 80-2170
United States Senate v. Immigration and Naturalization Service (INS), No. 80-2171
Decided By: 
Burger Court (1981-1986)
Opinion: 
462 U.S. 919 (1983)
Categories: 
political questions, standing, justiciability, aliens

Cite this page
The Oyez Project, INS v. Chadha , 462 U.S. 919 (1983)
available at: (http://oyez.org/cases/1980-1989/1981/1981_80_1832)
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.

Decisions

Decision: 7 votes for Chadha, 2 vote(s) against
Legal provision: Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

Sort by Seniority

Voted with the majority
Marshall
Voted with the majority
Brennan
Voted with the majority
Stevens
Voted with the majority
Blackmun
Wrote a dissent, joined Rehnquist's dissent
White
Wrote a special concurrence
Powell
Wrote the majority opinion
Burger
Voted with the majority
O'Connor
Wrote a dissent
Rehnquist

Full Opinion by Justice Warren E. Burger