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12 462 U.S. 919 (1983).

13 478 U.S. 714 (1986).

14 487 U.S. 654 (1988).

15 The Court upheld such agencies in the landmark decision Humphrey's Executor v. United States, 295 U.S. 602 (1935).

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20 ibid., p. 31.

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22 ibid., at 951.

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28 Memorandum from Justice Brennan to Justice Powell, 25 February 1982, ibid.

29 Memorandum from Justice Powell to Chief Justice Burger, 9 March 1982, ibid.

30 Memorandum from Justice Blackmun to Chief Justice Burger, 10 March 1982, pp. 1–3, ibid.

31 Memorandum from Justice Rehnquist to Chief Justice Burger, 11 March 1982, ibid.

32 Memorandum from Chief Justice Burger to the Conference, 15 March 1982, ibid.

33 This was the emphasis of the arguments made by Alan Morrison, the attorney for Mr. Chadha. In his oral arguments he noted that Mr. Chadha “feels that the separation of powers is an interesting concept as far as the Senate and the House and the president are concerned, but it also affects people. It has affected his life very greatly during this time.” Oral arguments, 22 February 1982, in Landmark Briefs, p. 558. In the reargument he made a similar point: “although the activities here are portrayed as an iiiterbranch struggle, this case illustrates that the lives of individuals are very much at stake in controversies such as this.” Oral arguments, 7 December 1982, in Landmark Briefs, p. 732.

34 INS v. Chadha, 103 S. Ct. 2764, 2788–92 (1983).

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53 Memorandum from Justice Marshall to Chief Justice Burger, 2 June 1986, ibid.

54 Memorandum from Justice Powell to Chief Justice Burger, 3 June 1986, ibid.

55 Memorandum from Justice Brennan to Chief Justice Burger, 3 June 1986, ibid.

56 Memoranda from Chief Justice Burger to Conference, 3 and 4 June 1986, ibid.

57 Memorandum from Justice Stevens to Chief Justice Burger, 9 June 1986, ibid.

58 Bench Memorandum for Bowsher v. Synar, April 1986, Box 376, Folder 4, Administrative Files, Marshall Papers.

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68 Goodpaster, Gary, “Rules of the Game: Comments on Three Views of the Independent Prosecutor Case,” American University Law Review 38 (1989): 393.Google Scholar

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70 ibid.

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