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Immigration and Naturalization Service v. Chadha. 103 S.Ct. 2764

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 78 , Issue 1 , January 1984 , pp. 226 - 230
Copyright
Copyright © American Society of International Law 1984

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References

1 8 U.S.C. §1254(a)(l) (1982).

2 Id. §1254(c)(l).

3 103 S. Ct. 2764, 2773.

4 Id. at 2778.

5 Immigration Act of 1924, Pub. L. No. 139, §14, 43 Stat. 153, 162 (1924).

6 Alien Registration Act of 1940, ch. 439, §20, 54 Stat. 670 (1940), as amended, ch. 783, 62 Stat. 1206 (1948).

7 8 U.S.C. §1101 note.

8 Id.

9 103 S. Ct. at 2775. The Court also ruled that respondent had standing to challenge the statute, that possible avenues of alternative relief did not bar review, that the court of appeals had jurisdiction over the petition for review, and that consideration of the case was not barred by the political question doctrine. Id. at 2776–80.

10 U.S. Const, art. I, §1 and §7, cl. 2.

11 Id., art. I, §7, cls. 2, 3.

12 Id.

13 103 S. Ct. at 2783.

14 Id. at 2784.

15 Id. at 2786.

16 U.S. Const, art. I, §2, cl. 6.

17 Id., art. I, §3, cl. 5.

18 Id., art. II, §2, cl. 2.

19 Id.

20 103 S. Ct. at 2787.

21 Id. at 2791.

22 Id. at 2795.

23 Justice Rehnquist dissented on the ground that section 244(c)(2) was not severable from the section as a whole. He found that Congress insisted on retaining control over the suspension of deportations. Therefore, to allow the Attorney General to assume full discretionary authority in this area was inconsistent with the intent of the statute.

24 50 U.S.C. §1544 (providing for removal of forces engaged in hostilities, by concurrent resolution).

25 22 U.S.C. §2367 (termination of foreign assistance funds).

26 22 U.S.C §2776(b) (disapproval of arms sale offer).

27 19 U.S.C. § 1981 (a) (imposition of tariff or duty recommended by International Trade Commission).

28 19 U.S.C. §§2253(c), 2432(d), 2437 (disapproval of import relief differing from International Trade Commission recommendation; disapproval of executive proposals for waiver and for extension of nondiscriminatory (most-favored-nation) treatment).