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Immigration and Naturalization Serv. v. Jagdish Rai Chadha: Difference between revisions
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Latest revision as of 03:41, July 14, 2023
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.