Judicial branch · Landmark case

INS v. Chadha

462 U.S. 919 (1983) · Opinion of the Court

DecidedJune 23, 1983
Vote7–2
AuthorChief Justice Burger

What you should know

This page explains the Court’s holding in plain language.

The controlling document is the Court’s opinion.

Holding

The Court held that a one-House legislative veto of an executive decision to suspend deportation violated the Presentment Clause and bicameralism requirements of Article I. Once Congress delegates authority to the executive, it may alter the resulting decision only by passing a new law in the constitutionally prescribed manner — passage by both Houses and presentment to the President.

Background

Jagdish Chadha’s student visa expired; an immigration judge suspended his deportation. Under the Immigration and Nationality Act, either House of Congress could veto such a suspension by resolution. The House of Representatives exercised that veto. Chadha challenged the constitutionality of the one-House veto. The Ninth Circuit held it unconstitutional; the Supreme Court affirmed.

Why this finding matters

Chadha invalidated the legislative veto device that appeared in nearly 200 federal statutes.

It is a cornerstone separation-of-powers case: Congress cannot retain a shortcut to reverse executive action without complying with bicameralism and presentment. The decision reshaped how Congress structures oversight of delegated authority.

Vote and authorship

MajorityBurger, C.J.
JoinBrennan, Marshall, Blackmun, Stevens, O’Connor
ConcurrencePowell, J.
DissentWhite, J.; Rehnquist, J.

The bicameral requirement, the Presentment Clauses, the President’s veto, and Congress’ power to override a veto were intended to erect enduring checks on each Branch and to protect the people from the improvident exercise of power.

Chief Justice Burger · INS v. Chadha

How it fits in government

Legislative branch

Requires Congress to use the full Article I process when it wants to change the legal consequences of executive action.

Legislative

Executive branch

Protects the integrity of delegated authority from informal congressional override.

Executive

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