Legal Jurisdiction

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"Seldom indeed is the Supreme Court of the United States seen to restrain the powers of the Congress. One exception to this sad rule was seen in the case of Immigration and Naturalization Service v. Chadha,1 where the Court struck down what had been termed the "legislative veto." Chadha had admitted, at a deportation hearing, that he was "deportable" under the U.S. Code, and had applied to the Attorney General for a suspension of deportation. An Immigration Judge had ordered his deportation suspended, and submitted a report of the suspension to Congress. Under 8 USC 1244(c)(2), either the House of Representatives or the Senate could, during the current or following session of Congress, by a resolution disallow the suspension. The House indeed acted unfavorably in the cases of six aliens. Chadha attacked the constitutionality of the procedure before the

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