Supreme Court strikes down legislative veto 7-2 in INS v. Chadha, invalidating provisions in 200 federal statutes by ruling Congress cannot act without bicameral passage and presidential presentment
The Supreme Court ruled 7-2 on June 23, 1983, that the one-house legislative veto in INA § 244(c)(2) was unconstitutional because it bypassed the Constitution's requirements that all legislation pass both Houses and be presented to the President for signature or veto. Chief Justice Burger's majority held that whenever Congress acts with "legislative effect" — changing legal rights and obligations — it must comply with the Bicameralism and Presentment Clauses of Article I, Section 7. Justice White dissented vigorously, calling the ruling "a devastating blow at the heart of Congress' ability to do its job." The ruling formally invalidated legislative veto provisions in more than 200 federal statutes — though Congress and the executive branch have informally continued to use similar mechanisms through appropriations riders and committee report language.