Judicial branch · Landmark case
INS v. Chadha
462 U.S. 919 (1983) · Opinion of the Court
What you should know
This page explains the Court’s holding in plain language.
The controlling document is the Court’s opinion.
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.
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
| Majority | Burger, C.J. |
|---|---|
| Join | Brennan, Marshall, Blackmun, Stevens, O’Connor |
| Concurrence | Powell, J. |
| Dissent | White, 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.
Executive branch
Protects the integrity of delegated authority from informal congressional override.
Separation of powers
Classic enforcement of bicameralism and presentment.
Official records visitors may need
Related research paths
Youngstown Sheet & Tube Co. v. Sawyer
Broader separation-of-powers framework
Article I lawmaking process
Bicameralism and presentment
Administrative state
How Congress oversees agencies after Chadha