5166553
Beschreibung
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Congress
- INS v. Chadaha
- Background: 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. Though Chadha conceded that he was deportable, an
immigration judge suspended his deportation. The House of Representatives voted without debate or
recorded vote to deport Chadha. 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.
- Background: 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. Though Chadha conceded that he was deportable, an
immigration judge suspended his deportation. The House of Representatives voted without debate or
recorded vote to deport Chadha. This case was decided together with United States House of
Representatives v. Chadha and United States Senate v. Chadha.
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