Brief Fact Summary. Chadha remained unlawfully in the United States past the expiration of his nonimmigrant student visa and faced the possibility of deportation. The Immigration Judge ordered that his deportation be suspended, pursuant to Section:244(a)(1) of the Immigration and Nationality Act (Act). The suspension was reported to Congress, as required by the Act, and the House of Representatives unilaterally vetoed the suspension.
Synopsis of Rule of Law. Article I of the United States Constitution requires that every Bill be passed by both the Senate and the House of Representatives, and then presented to the President of the United States for approval. If the President disapproves, the Bill may be repassed by 2/3 of the Senate and the House of Representatives.
Issue. Did the action of one House of Congress permitted by Section:244(c)(2) violate Article I of the Constitution?
Held. Yes. Affirmed the Court of Appeals. The one-house veto permitted by Section:244(c)(2) of the Act violated the bicameral requirement set forth under Article I of the Constitution. Dissent. The legislative veto power is a central means by which Congress secures the accountability of executive and independent agencies. Without this tool, Congress can’t delegate the necessary authority to get things done. Times have changed, and the absence of specific constitutional authorization for the mechanism does not indicate disapproval. Concurrence. The power to override the Attorney General was judicial power that could not be exercised by a legislative body.
It is beyond doubt that lawmaking was a power to be shared by both Houses and the President.View Full Point of Law