Immigration And Naturalization Service Vs Chadha Case Study

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Another example of the separation of power that is important would be the INS (Immigration and Naturalization Service) v Chadha. In this case the problem was whether a particular house could vote to override an executive decision in a way that it violates the separation of powers. In this case Chadha was from Kenya, he stayed here after his visa expired. Here an immigration judge determined that his deportation should be suspended since Chadha met the requirements to stay in the U.S. It was approved by the attorney general and told congress that he should stay. The immigration and nationality act allowed congress to veto the attorney generals’ recommendation. The house of representatives exercised its veto and passed a resolution that Chadha …show more content…
Separation of powers along with checks and balances correlated together to form the balance that the founding fathers where looking forward to. The Federalist Papers were written by three men, Alexander Hamilton, James Madison and John Jay. However, Alexander Hamilton and James Madison were the two main ones that I wanted to mention since their point of view reflected on the topic of separation of power. It is a document that brought three men together in order to work things in order to make the nation a well nation compare to others. The three branches are spread out to prevent one from gaining too much power. That is where the checks and balances were important. John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison and George Washington were the seven key figures of writing the U.S Constitution. Their whole idea was to prevent another tragedy like the one in the United Kingdom, a tyranny from happening. Although they constructed or at least tried to construct a well thought out process James Madison knew that the Constitution was fallible. Although the powers themselves should not be vested in just one person since individuals are known to be bias as well as prejudices and thus the importance of separation of powers are important yet they knew it was not a perfect

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