Special Report of the Committee on the Judiciary, House Representatives, Ninety-eighth Congress, Second Session, Indentifying Court Proceedings and Actions of Vital Interest to the Congress: The Legislative Veto, Immigration and Naturalization Service V. Chadha and Related Cases
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Special Report of the Committee on the Judiciary, House of Representatives ...
Úplné zobrazení - 1984
action administrative agency alien amendment application approval argument Attorney authority bill branch brief cancel Chadha challenge claim Clause Committee concluded concurrent Cong Congress congressional considered constitutional constitutionality court of appeals decision delegated deportation deportation order determination disapproval discretion doctrine effect enacted established Executive exercise fact Federal filed final functions grant held House of Congress House of Representatives Immigration and Nationality Immigration and Naturalization involved issue judge judicial Judiciary jurisdiction Justice legislative power legislative veto limited matter means Nationality Act Naturalization Service Ninth Circuit officer one-House veto opinion parties passed permanent residence person petition petitioner political presented President Presidential principle procedures proceeding provision pursuant question reasons relief requirements resolution respondent rule S.Ct Section 244 Senate separation of powers Sess severable standing Stat statute statutory supra Supreme Court suspension suspension of deportation tion unconstitutional United violation
Strana 209 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Strana 375 - The doctrine of the separation of powers was adopted by the Convention of 1787, not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was, not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.
Strana 373 - The accumulation of all powers legislative, executive, and judiciary in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.
Strana 48 - When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Strana 375 - We see it particularly displayed in all the subordinate distributions of power, where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other—that the private interest of every individual may be a sentinel over the public rights.
Strana 1095 - ... an unusual need for unquestioning adherence to a political decision already made; or the potentiality of embarrassment from multifarious pronouncements by various departments on one question.
Strana 872 - ... anticipate a question of constitutional law in advance of the necessity of deciding it; the other never to formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.
Strana 801 - It is agreed on all sides, that the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers.
Strana 471 - The Attorney General is authorized to withhold deportation of any alien within the United States to any country in which in his opinion the alien would be subject to persecution on account of race, religion, or political opinion...
Strana 412 - In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches ; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit.