1. INS v. Chadha, (1983)
2. Facts: A section of the Immigration and Nationality Act provides that the Attoryney General could suspend the deportation of a deportable alien if the alien met specified conditions and would suffer “extreme hardship” if deported. However, the act also had a provision which provided for legislative veto by one house if the Congress disagreed with the Attorney general’s decisions as to any particular alien. Chadha was an Indian whose education was not yet complete, but whose Visa had run out.
3. Procedural Posture: The Court of Appeals found that the provision was unconstitutional as a violation of separation of powers.
4. Issue: Whether the one house legislative veto provision in the act was unconstitutional as a violation of separation of powers since it did not provide for bicameral support or presentation to the President.
5. Holding: Yes.
6. Majority Reasoning: [Burger] The fact that a given law is efficient will not save it if it is contrary to the constitution. The constitution is very explicit about its grant of powers among the executive and legislative branches. The framers were very clear that it was paramount that the legislative power require bicameral support and presentation to the President (except for some minor exceptions not relevant here). The act is primarily legislative in nature. Although it delegates some broad legislative authority to the executive branch, it is no less legislative. As such, it requires bicameral support and presentment.
7. Concurrence Reasoning: [Powell] felt that Congress was acting in a judicial role in providing for judicial-type review of the actions of the executive branch.
8. Dissent Reasoning: [White] felt the majority opinion was too broad because it read on all legislative vetoes, which weren’t implicated by the present fact situation. The power to exercise legislative veto is not the power to write new law without bicameral support or presidential consideration. The veto must be authorized by statute and may only negative what an Executive deparment agency has proposed.
