INS v. Chadha: A Study in Judicial Implementation

by Wheeler, Darren A

Many scholars point to the Supreme Court decision of INS v. Chadha (1983) as a prime example of a Court decision that was not fully and faithfully implemented. In this case, there is incontrovertible evidence that Congress discounted the Court’s directive and continued to pass legislative vetoes despite the Court’s holding that they were unconstitutional exercises of congressional power. Why did Congress continue to pass legislative vetoes even after the Court declared them to be unconstitutional? This research posits that the clarity of the Court’s opinion, the social and political environment, and the preferences of congressional and executive officials were instrumental factors in the implementation process. The complex inter-branch dynamics uncovered in this area through case studies involving the EEOC, The Treasury Department, and Immigration Law provide some support for each of these hypotheses but fail to point to a single explanation for the continued use of legislative vetoes after the Court’s decision.