It has long been argued that an alleged conflict exists between the doctrine of separation of powers and the congressional veto. This Comment analyzes Chadha v. INS, a Ninth Circuit decision which constitutes the most recent attempt by the judiciary to resolve this long-standing issue. Chadha involves a challenge to the constitutionality of the congressional review of suspension of deportation as being a violation of separation of powers. The Comment suggests that the time has come for Congress to release its hold on the suspension process. This conclusion is based on an analysis of both practical and constitutional factors. The United States Supreme Court's recent granting of certiorari in Chadha indicates the possibility of a final resolution of this issue.
Congressional Review of Suspension of Deportation and the Doctrine of Separation of Powers,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol19/iss1/7