Legislative Veto in The United States - INS V. Chadha

INS V. Chadha

In Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983), the Supreme Court held a one-House congressional veto to be unconstitutional as violating both the bicameralism principles reflected in Article I, in Section 1 and Section 7, and the presentment provisions of Clauses 2 and 3 of Section 7. The Court's analysis of the presentment issue made clear, however, that two-House veto provisions, despite their compliance with bicameralism, and committee veto provisions suffer the same constitutional infirmity. In the words of dissenting Justice White, the Court in Chadha "sound the death knell for nearly 200 other statutory provisions in which Congress has reserved a 'legislative veto.'"