Constitutional challenges to particular legislation and practices prevailed in INS v. Chadha and Clinton v. City of New York but not in Morrison v. Olson. (Interestingly, the division in none of the cases was particularly close: Chadha was decided 7-2, Morrison 6-2, and Clinton 6-3.) Yet, has the Supreme Court been inconsistent in its approach to these three separation-of-powers cases? Alternatively, does each majority opinion share one or more common elements or rationalizing principles with the majority opinions in the other two that makes each outcome consistent with the others?

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The Answer of Constitutional challenges to particular legislation and practices prevailed in INS v. Chadha and Clinton v. City of New York but not in Morrison v. Olson. (Interestingly, the division in none of the cases was particularly close: Chadha was decided 7-2, Morrison 6-2, and Clinton 6-3.) Yet, has the Supreme Court been inconsistent in its approach to these three separation-of-powers cases? Alternatively, does each majority opinion share one or more common elements or rationalizing principles with the majority opinions in the other two that makes each outcome consistent with the others?

Constitutional Challenges to Particular Legislation and Practices Prevailed in INS