Interestingly enough the Chada case. although not defense related. is nonetheless an administrative action within the Immigration and Naturalization Service. as I recall. and it is one which is divorced from the shared legislative powers of Congress and the executive branch and therefore any decision in the Chada caseand even the lower court has indicated this opinionwould not bear on the issues of shared legislative power. The Chada decision was an administrative function that Congress then tried to veto. and I am not saying how the courts will finally rule on that because there are some other factors involved. But. nevertheless. I do not think it is dispositive in the instance of a shared legislative power over rulemaking or a nonshared power in which the President. acting as Commander in Chief makes the decision.
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Naturalization Immigration