INS v Chadha (legislative veto unconstitutional)
INS v. Chadha (1983): Legislative Veto Unconstitutional
Background
The legislative veto was a mechanism used by Congress to overturn or reject decisions made by the executive branch or administrative agencies without passing a new law. It often took the form of a resolution by one or both houses of Congress that nullified an executive action.
Immigration and Nationality Act (INA) gave the Attorney General discretion to suspend deportation of certain individuals but allowed either House of Congress to veto that decision by passing a resolution of disapproval.
Facts of the Case
Jagdish Rai Chadha, a Kenyan citizen, had his deportation suspended by the Attorney General under INA.
The House of Representatives vetoed the suspension using the one-house legislative veto provision.
Chadha challenged the constitutionality of the legislative veto.
Issue
Does the one-house legislative veto violate the constitutional separation of powers and the requirements for presentment and bicameralism under the U.S. Constitution?
Supreme Court Holding
The Court ruled 6-3 that the one-house legislative veto was unconstitutional.
Reasoning:
The Constitution requires that for Congress to make laws, the bill must pass both houses (bicameralism) and be presented to the President for signature or veto (presentment).
The legislative veto bypasses this process by allowing one house alone to overturn executive actions.
This violates the separation of powers because it encroaches on the executive’s authority without proper legislative procedure.
Result: The legislative veto mechanism in the INA was struck down.
Significance of INS v. Chadha
Marked a decisive reaffirmation of the bicameralism and presentment requirements.
Strengthened the constitutional separation of powers by limiting Congress’s ability to control executive actions without full legislative process.
Prompted agencies and Congress to find other means of oversight (e.g., report requirements, committee hearings).
Related Cases on Legislative Veto and Separation of Powers
1. Immigration and Naturalization Service v. Chadha (1983) (Main Case)
Already covered above.
2. Youngstown Sheet & Tube Co. v. Sawyer (1952) (Steel Seizure Case)
Facts: President Truman seized steel mills during the Korean War without congressional authorization.
Issue: Was the President’s seizure constitutional?
Ruling: The Court held the seizure unconstitutional, emphasizing limits on executive power without congressional authorization.
Significance: Established a framework (Justice Jackson’s tripartite test) for separation of powers and limits on executive authority.
Relation to Chadha: Both cases emphasize separation of powers and constitutional procedures in executive-legislative relations.
3. Bowsher v. Synar (1986)
Facts: Congress delegated removal of the Comptroller General to itself, effectively controlling an executive officer.
Issue: Was this delegation constitutional?
Ruling: The Court struck down the arrangement, holding Congress cannot retain removal power over executive officers.
Significance: Reinforced separation of powers by preventing Congress from exercising executive control.
Relation to Chadha: Both restrict congressional encroachment on executive functions.
4. Clinton v. City of New York (1998) (Line-Item Veto Case)
Facts: The Line Item Veto Act gave the President power to cancel certain budget items without full legislative approval.
Issue: Was the line-item veto constitutional?
Ruling: The Court struck down the Act for violating the presentment clause.
Significance: Like Chadha, this case emphasized strict compliance with the Constitution’s legislative procedures.
Relation to Chadha: Both cases protect the legislative process from shortcuts.
5. Mistretta v. United States (1989)
Facts: Congress delegated sentencing guideline authority to a commission.
Issue: Was this delegation an unconstitutional delegation of legislative power?
Ruling: The Court upheld the delegation with guidelines.
Significance: Distinguished permissible delegation from unconstitutional legislative veto.
Relation to Chadha: Shows that while delegation is allowed with standards, Congress cannot retain direct legislative veto power.
Summary Table
| Case | Issue | Holding / Significance |
|---|---|---|
| INS v. Chadha (1983) | Legislative veto constitutionality | Legislative veto violates bicameralism and presentment |
| Youngstown (1952) | Limits on executive power | Executive power limited without congressional authorization |
| Bowsher v. Synar (1986) | Congress controlling executive officer | Congress cannot control executive officers via removal power |
| Clinton v. City of NY (1998) | Line-item veto constitutionality | Line-item veto violates presentment clause |
| Mistretta v. United States (1989) | Delegation of legislative power | Delegation constitutional if intelligible principles provided |
Final Notes
INS v. Chadha is a cornerstone of separation of powers doctrine, ensuring Congress cannot bypass constitutionally mandated legislative procedures.
The ruling reaffirmed that only laws passed by both Houses and presented to the President are valid.
Post-Chadha, Congress relies more on oversight hearings, reporting requirements, and statutory frameworks rather than legislative vetoes.
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