Speech #980067953

Congress cannot usurp the powers vested by the Constitution in the President even if the Chief Executive has assented to the particular piece of legislation which contains a provision contrary to the Constitution. This is the expressly stated ruling of the Court in the case announced last month by Chief Justice Burger. Immigration Service against Chadha. Of course we know that the President never gave his assent to the war powers resolution. President Nixon vetoed it and Congress overrode his veto. But this strengthens the arguments against that statute. Where the President specifically objects to and denies the authority claimed by a piece of legislation. the validity of the challenged statute is on even weaker ground than it was in the legislative veto case. This conclusion becomes evident when we examine what Chief Justice Burger wrote about the specific power Congress asserted in the legislative veto case. which was an effort by Congress to control decisions involving the deportation of certain aliens. In that case. Congress asserted plenary authority over aliens under a power which is specifically granted to it by article I. section 8. clause 4. of the Constitution.