Thesis on "INS v. Chadha, 462 U.S. 919 (1983)"

Thesis 5 pages (1450 words) Sources: 7 Style: APA

[EXCERPT] . . . .

INS v. Chadha, 462 U.S. 919 (1983), how had Congress exercised authority over the INS, and why did the Supreme Court find this to be invalid?

Initially, the Immigration and Nationality Act (8USC 1254(a)1) authorized the INS to suspend the deportation of aliens who had resided in the United States for at least seven years and in which case the Attorney General found that the deportation would result in extreme hardship. Once the AG made the finding, a report would be given to Congress, and either house has the power to veto the AG's determination. Chadha was a foreign exchange student with a British passport, Kenyan by birth, East Indian by ethnicity, but neither country would accept him.

The Supreme Court found the resolution of the House of Representatives vetoing the AG's determination constitutionally invalid, unenforceable, and not binding. Reasons for this finding were that the INA is severable from the rest of the act; the AG and INS did not waive their rights to challenge the constitutionality of the statute; the act is genuine, and the case is a judicable question. Writing for the majority, Justice Powell argued that Congress could not act in a judiciary manner, nor could it expand its own powers -- something specifically put in place within the Constitution. For a house of Congress to force the deportation of Chadha would amount to a legislative trial.

Source: INS v CHADHA 462 U.S. 919 (1983). Cited in:

2. http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=462&page=919

3. Identify three (3) ways by which you are regulated by administrative agencies. State Liquor Con

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trol Board, Department of Revenue, Department of Insurance.

State Liquor Control Board -- Regulates who sells liquor retail or in bar/restaurant; when it can be sold, and how much can be sold. Many states hold monopolies and Liquor Stores are State controlled.

Department of Revenue -- State control of taxation, for businesses excise tax, use tax, etc. Federally, Revenue controls IRS, income tax, numerous and complex legal issues surrounding taxation.

Department of Insurance- Regulation of who may operate in which area and what insurance can be sold, regulation of rates, risk factors, claims.

4. Sources: Lencsis, P. (1997). Insurance Regulations in the United States. Greenwood; "U.S. Liquor Regulations" in http://hansard.millbanksystems.com/commons/1923/jul/02/united-states-liquor-regulations; "IRS" in www.irs.gov.

5. The federal statute allowing for appointment of an independent counsel had expired, though there is discussion as to passing new such legislation. Do you find the independent counsel law violates the separation of powers?

Used properly, the Independent Counsel Law is designed specifically to limit the power that high-placed governmental officials have -- the word independent is crucial. However, because counsels are often appointed by those who may have political agendas ( a 3 judge panel), some critics claim these broad powers allow prosecutors to overstep the bounds of their investigations. Witch hunts, hunts for additional information not initially covered and political rivalry are often part of the lengthy and expensive process. But one example was a $20 million dollar, 3-year investigation of former Agriculture Secretary Espy, who was cleared of all 30 charges. Certainly there was a better way to spend that kind of money and resource. However, instead of eliminating the counsel law entirely, perhaps it would be best simply to reword it, limiting the scope, and perhaps even the time and expense; then, depending on the issue, the counsel might need to regularly return to Congress with updates, and if needed, a continuance; in this manner, there is oversight, but still independence.

1. Sources: "The Role of the Independent Counsel," Constitutional Rights Foundation. Cited in: http://www.crf-usa.org/impeachment/independent-counsel.html; "Executive Power: Separation of Powers," Cited in: http://law.onecle.com/constitution/article-2/03-separation-of-powers.html

Unit 2 Questions

2. Identify three arguments why some scholars believe discretion is necessary in public administration, and further identify the opposing arguments. What evidence is needed to prove the arguments?

Administrative discretion is both a strength and weakness in contemporary political systems. There needs to be some aspect of control over information that is sensitive in terms of planning, budgeting, staffing issues; but decisions and use of public funds must be transparent. The legitimacy of governing requires the ability to make informed decisions, but also to have effective oversights. Complete disclosure on public funds might give certain individuals advantages in bidding for projects, zoning, hiring, etc. The complexity and volume of public administration issues has, though, changed the paradigm and ability for the public to… READ MORE

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Quoted Instructions for "INS v. Chadha, 462 U.S. 919 (1983)" Assignment:

“

Unit 1 Questions

1. In INS v. Chadha, 462 U.S. 919 (1983), how had Congress exercised authority over the INS, and why did the Supreme Court find this to be invalid?

2. Identify three (3) ways by which

you are regulated by administrative agencies.

3. The federal statute allowing for appointment of an independent counsel had expired, though there is discussion as to passing new such legislation. Do you find the independent counsel law violates the separation of powers?

Unit 2 Questions

1. Identify three arguments why some scholars believe discretion is necessary in public administration, and further identify the opposing arguments. What evidence is needed to prove the arguments?

2. How does a cost-benefit analysis used in the determination of due process?

3. What is meant by the *****right to notice***** with respect to administrative hearings?

Unit 3 Questions

1. Before agency rulemaking can occur, certain procedures must be followed according to the APA of 1946. List and explain those procedures.

2. Distinguish among the following three terms: procedural rules, interpretive rules, and substantive rules. Explain the meaning and use of each.

3. How was the *****intelligible principle***** test used in Touby v. United States and South Dakota v. Department of the Interior?

Unit 4 Questions

1. Explain the investigatory power of administrative agencies in terms of the following:

A. The two forms that investigations take.

B. The clash between investigatory authority and the individual liberties guaranteed by the 4th and 5th Amendments to the Constitution. Give illustrations of this clash.

2. What are the two aspects of burden of proof, as it applies to adjudication in an

administrative hearing?

3. Briefly summarize the nature of an administrative hearing according to the

following outline:

A. Right to Counsel

B. Confrontation and Cross-Examination

C. Standing to Intervene

D. Bias

E. Institutional Decision

What trends can be detected?

Unit 5 Questions

1. Explain the *****substantial evidence***** rule. What is its meaning and how is it used by agencies or by the Courts?

2. Explain fully what the Federal Tort Claims Act of 1946 as amended permits. What are the important exceptions contained in that law?

3. Identify the important provisions of the Freedom of Information Act passed by Congress in 1966. What are the exceptions found in this act?

How to Reference "INS v. Chadha, 462 U.S. 919 (1983)" Thesis in a Bibliography

“INS v. Chadha, 462 U.S. 919 (1983).” A1-TermPaper.com, 2009, https://www.a1-termpaper.com/topics/essay/ins-chadha-462-us/2144. Accessed 3 Jul 2024.

INS v. Chadha, 462 U.S. 919 (1983) (2009). Retrieved from https://www.a1-termpaper.com/topics/essay/ins-chadha-462-us/2144

A1-TermPaper.com. (2009). INS v. Chadha, 462 U.S. 919 (1983). [online] Available at: https://www.a1-termpaper.com/topics/essay/ins-chadha-462-us/2144 [Accessed 3 Jul, 2024].

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[1] ”INS v. Chadha, 462 U.S. 919 (1983)”, A1-TermPaper.com, 2009. [Online]. Available: https://www.a1-termpaper.com/topics/essay/ins-chadha-462-us/2144. [Accessed: 3-Jul-2024].

1. INS v. Chadha, 462 U.S. 919 (1983) [Internet]. A1-TermPaper.com. 2009 [cited 3 July 2024]. Available from: https://www.a1-termpaper.com/topics/essay/ins-chadha-462-us/2144

1. INS v. Chadha, 462 U.S. 919 (1983). A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/ins-chadha-462-us/2144. Published 2009. Accessed July 3, 2024.

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