INS v. Chadha

Burger CourtFederalism

The Court struck down the one-house legislative veto as violating the Constitution's bicameralism and presentment requirements.

Overview

Congress allowed either house to veto executive actions implementing statutes, such as the suspension of Jagdish Chadha's deportation. The Court held that whenever Congress takes action with legal effect, it must pass both houses and present the measure to the President; a one-house veto exercises legislative power without following constitutional procedure. The decision invalidated provisions in hundreds of statutes, shifting regulatory oversight toward notice-and-comment rulemaking and appropriations politics. Chadha remains a central separation-of-powers precedent about the procedures Congress must follow to act.

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