Summary

Portrait of William Rehnquist William Rehnquist INS v. Chadha — Dissenting Opinion

Section 244 (c) (2) is an exception to the general rule that an alien's deportation shall be suspended when the Attorney General finds that statutory criteria are met. It is severable only if Congress would have intended to permit the Attorney General to suspend deportations without it. This Court has held several times over the years that exceptions such as this are not severable because,
by rejecting the exceptions intended by the legislature . . . the statute is made to enact what confessedly the legislature never meant.
Source: Wikisource

Portrait of William Rehnquist William Rehnquist INS v. Chadha — Dissenting Opinion

Here the excepting provision was in the statute when it was enacted, and there can be no doubt that the legislature intended that the meaning of the other provisions should be taken as restricted accordingly. Only with that restricted meaning did they receive the legislative sanction which was essential to make them part of the statute law of the State; and no other authority is competent to give them a larger application.
Source: Wikisource

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