Administrative Law

Study Guide - INS v. Chadha, 462 U.S. 919 (1983)

What agency is at issue?

Where was Chadha from and how did he get in the US?

How did he become deportable?

How long had he been in the US?

What are the requirements of § 244(a)(1)?

What kind of judge is an immigration judge?

What did the INS immigration judge do?

What were his findings?

Who was the acting on behalf of?

Who did the judge report his action to?

Why did he make this report?

What does sec. 244(c)(a) provide?

What happened on Dec. 12, 1975?

What was the only record before Congress?

What is the significance of it not being an Art. I legislative act?

What did Chadha claim at this immigration hearing?

What was the judge's response?

What did the board of appeals say?

Under what power did Chadha get into Circuit court?

Who appeared with Chadha?

Who filed amicus briefs?

What is an amicus brief?

What did the circuit court find?

What does 28 USC sec. 1252 provide and why is it important in this case?

How does the court say the express provision of the statute have been met?

Why does Congress say that the Supreme Court has no jurisdiction?

Who is the real aggrieved party?

What if the president agrees that the statute is unconstitutional and that the agency should not act?

What is severability?

Why does Congress argue that sec. 244 is not severable?

How would this affect Chadha's claim?

What does Buckley v. Valeo say about severability?

Why does sec. 406 defeat's Congress' argument?

How could an alien avoid deportation under the Immigration Act of 1924?

Why was this unsatisfactory?

When was attorney general allowed discretion on deportations?

How was this discretion limited?

What were the 1948 amendments?

How well did these work?

What did the 1952 act provide?

How would the severability of the veto affect the remaining provisions of the law?

What could Congress do if it really opposed the deportation of an alien?

What is Chadha's personal interest that grants him standing?

What other statutory remedies may be open to Chadha?

Why does the court reject this claim that Chadha has not exhausted his remedies?

Why does Congress argue that the Circuit court lacked jurisdiction?

How does the court include the congressional veto under agency action?

How did the court distinguish Cheng Fan Kwok?

Why does Congress argue that there is no case or controversy?

What did the Court of Appeals find was the controversy?

How did the Court of Appeals assure that there be proper adversary parties?

Who is the proper adverse party when an agency and the regulated party both agree that the regulation is unconstitutional?

What is the political question doctrine?

Why does Congress say that this is a political question?

Does the court have the right to review congressional decision about aliens?

Why does the court find that Chadha has standing to appeal this order?

What are the Baker v. Carr factors?

How does Congress argue that Chadha violates the first of the Baker factors?

Why does the court reject this and the attacks under the other Baker factors?

What did Chief Justice Marshal have to say about the court's role in these cases contested by Congress:

Is the court ruling on the wisdom of the law?

What does it say its ruling is limited to?

What if it is a good law?

What is the argument that this is a good law?

What are the Art. I requirements?

How does the legislative veto violate these requirements?

How did Madison say the congress might evade the presentment clauses if the all enactments did not have to be sent to the president?

What did Hamilton say about the importance of the President's role in lawmaking?

What are the Federalist Papers and why do they matter?

What was the rationale for the presidential veto?

What is Bicameralism?

What did Justice Story think about the nature of public bodies?

What is the separation of powers within the legislature that Madison proposed?

What is the Great Compromise?

How is the president's veto limited?

What is the test to determine if congress is exercising its legislative power?

What is it about sec. 244(c)(2) that implicates legislative action?

Absent sec. 244(c)(2), how would congress have to deport aliens that the Executive wanted to let stay in the country?

How can let an alien stay that the presidents wants to deport?

How does the history of these provision support their legislative nature?

When may houses of congress act without the president or the other house?

What is the significance of these narrow exceptions?

What is the court's final ruling?

What does Justice Powell say about how the Colonial and Confederation experience shaped the requirement for bicamerialism and the presentment clauses?