Constitutional Law Keyed to Cohen
Immigration and Naturalization Service v. Chadha
InstructorMatthew Steinberg
CaseCast™ – "What you need to know"
Facts
Chadha challenged the constitutionality of a provision in Section 244(c)(2) of the Immigration and Nationality Act authorizing one House of Congress, by resolution, to invalidate the decision of the Executive Branch, pursuant to authority delegated by Congress to the Attorney General of the United States, to allow a particular deportable alien to remain in the United States. The Immigration Naturalization Service (INS) suspended Chadha’s deportation. A year and a half later the House passed a resolution to veto the suspension. Because the resolution was passed pursuant to Section 244(c)(2) it was not treated as an Article I legislative act. As a result, it was not submitted to the Senate nor was it presented to the President for action. Chadha appealed to the United States Court of Appeals for the Ninth Circuit. The INS agreed with Chadha’s position before the court of appeals and joined him in arguing that Section 244(c)(2) was unconstitutional. The court of appeals held that the House was without constitutional authority to order Chadha’s deportation.
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