Immigration and Naturalization Service v. Chadha
"Immigration and Naturalization Service v. Chadha" is a landmark Supreme Court case that addressed the constitutionality of the legislative veto, a mechanism that allowed Congress to invalidate executive decisions with a simple majority in one chamber. The case arose when Jagdish Rai Chadha, a deportable alien whose application for permanent residency was approved by the Immigration and Naturalization Service (INS) based on his circumstances, faced a congressional veto of that decision. The Supreme Court ruled in a 7-2 decision that the legislative veto was unconstitutional, emphasizing that the U.S. Constitution outlines specific legislative procedures requiring both houses of Congress to approve any law before it can take effect. This ruling effectively curtailed the use of legislative vetoes, which had been utilized in numerous laws since 1932, and underscored the separation of powers among the branches of government. The majority opinion highlighted the importance of following constitutional mandates in legislative processes, while dissenting justices raised concerns about Congress's ability to impose limitations on executive powers. The case is significant not only for its impact on immigration law but also for its broader implications regarding congressional authority and executive power in the United States.
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Subject Terms
Immigration and Naturalization Service v. Chadha
The Case: U.S. Supreme Court decision concerning the use of legislative vetoes on immigration rulings
Date: Decided on June 23, 1983
Significance:Based on the constitutional principles of separation of powers and bicameralism, the Chadha decision prohibited legislation authorizing one house of Congress from overriding a decision made by the executive branch.
One section of the Immigration and Nationality Act of 1965 authorized the attorney general to allow particular deportable aliens to remain in the United States, but the act also provided the option of a “legislative veto,” which authorized a single chamber of Congress to invalidate the decision of the Immigration and Naturalization Service (INS). From 1932 until 1983, Congress included legislative vetoes in almost three hundred laws. The use of the procedure was considered an effective way of retaining legislative control over the president and regulations of the executive agencies.
Born in Kenya to Indian parents and holding a British passport, Jagdish Rai Chadha had studied in the United States with a student visa. When his visa expired, neither Great Britain nor Kenya would accept him, so he applied for permanent residence in the United States. Based on Chadha’s character and “extreme hardship,” the INS approved his application, but the House of Representatives voted to veto the decision.
By a 7-2 vote, the U.S. Supreme Court held that the U.S. Constitution did not authorize the use of the legislative veto. With this ruling, the Court struck down more congressional enactments than it had previously in its entire history. Speaking for the majority, Chief JusticeWarren E. Burger wrote that “explicit and unambiguous provisions of the Constitution prescribe and define the respective functions of the Congress and of the Executive.” Any valid congressional mandate, he explained, must include passage by both houses of Congress, followed by presentment to the president, whose veto could be overridden only by a two-thirds vote in both houses. In a vigorous dissent, Justice Byron R. White argued that if Congress could delegate powers to the executive branch, it should be able to place limitations on these powers.
Bibliography
Craig, Barbara H. Chadha: The Story of an Epic Constitutional Struggle. Berkeley: University of California Press, 1988.
Maltz, Earl. Chief Justiceship of Warren Burger, 1969-1986. Columbia: University of South Carolina Press, 2000.