Immigration and Naturalization Serv. v. Jagdish Rai Chadha

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
Revision as of 20:43, September 13, 2020 by HiMark (talk | contribs) (Created page with "{{Infobox Case Brief |court=U.S. Supreme Court |citation=462 U.S. 919 (1983) |date=1983 |subject=Constitutional Law |appealed_from= |case_treatment=No |overturned= |partially_...")
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Immigration and Naturalization Serv. v. Jagdish Rai Chadha
Court U.S. Supreme Court
Citation 462 U.S. 919 (1983)
Date decided 1983

Facts

Chadha let his visa expire, and then was deported after a deportation hearing. Then a judge ordered his deportation should be suspended because he would suffer extreme hardship if deported, and this was part of the code under the congressional law for the federal agency.

Issues

Whether Congress can invalidate a decision of the Executive Branch (a federal agency) using a legislative veto.

Judgment

Judgment overruling the legislative veto.

Rule

Convenience and efficiency are not the primary objectives of a democracy, and the Constitution specifically provides a way by which the lawmaking separations of powers are to be vested.

Comments

Dissent:

Legislative veto is essential to a body making larger rules and secures accountability of executive and independent agencies. To strike an entire class of statutes down based on this case is irresponsible.