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Constitutional Law Keyed to Cohen
Immigration and Naturalization Service v. Chadha
CaseCast™ – "What you need to know"
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.