Question

In INS v. Chadha the Supreme Court struck down a legislative veto by a majority vote of the United States House of Representatives because:

Question 26 options:



A. It violates the separation of powers for Congress to veto executive branch decisions even when it uses a private bill to do so.




B. When Congress passes a statute only the executive branch can decide whether to enforce it.




C. the Constitution requires that both Houses of Congress pass legislation.




D. the Constitution​ gives the President the sole authority to admit aliens.

Answer 1

The correct answer is C.

The Immigration and Naturalization Service (INS) v. Chadha was a US Supreme Court ruling enacted in 1983 which declared that the one-house legislative veto had violated the principle of division of powers included in the US Constitution.

The Congress is not allowed to promulgate a statute that grants to itself the power of exercising a legislative veto over goverment actions, because such enactment is inscosistent with the bicameralism principle that governs the legislative branch of power in the US.

Moreover, the Congress had undertaken an adjudicative and not a legislative action and is exceeding the powers reserved to the legislative branch and it is violating the so-called anti-aggrandizement principle.