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Immigration and Naturalization Service v. Chadha

Significance, Further Readings

Petitioner

Immigration and Naturalization Service

Respondent

Jagdish Rai Chadha

Petitioner's Claim

The court of appeals ruling that the legislative veto was an unconstitutional violation of the separation of powers was incorrect.

Chief Lawyer for Petitioner

Rex E. Lee, U.S. Solicitor General

Chief Lawyer for Respondent

Alan B. Morrison

Justices for the Court

Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger (writing for the Court), Thurgood Marshall, Sandra Day O'Connor, Lewis F. Powell, Jr., John Paul Stevens

Justices Dissenting

William H. Rehnquist, Byron R. White

Place

Washington, D.C.

Date of Decision

23 June 1983

Decision

The legislative veto provision found in the Immigration and Nationality Act, which permitted either branch of Congress to veto a deportation suspension authorized by the attorney general, was unconstitutional.

Related Cases

  • Myers v. United States, 272 U.S. 52 (1926).
  • The Pocket Veto Case, 279 U.S. 655 (1929).
  • Ashwander v. Tennessee Valley Authority, 297 U.S. 288 (1936).
  • United States v. Lovett, 328 U.S. 303 (1946).

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1981 to 1988