Poli 4020 Chapter 5

Poli 4020 Chapter 5 - Poli 4020 Chapter 5 The Separation of...

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Unformatted text preview: Poli 4020 Chapter 5 The Separation of Powers System in Action • Domestic Powers o Delegation of Powers Once the power has be delegated it cannot be redelegated (meaning once a branch has the power it cannot be given to someone else) No branch understanding this old Latin Maxim • For example Congress has given powers to other branches as well as nongovernmental entities • This can be for many reasons such as having other duties to not being able to fulfill the job Wayman v. Suthard was where the court ruled on delegating powers establishing a set of rules for delegating powers • This gave precedent of the court allowing Congress to delegate powers in an “intelligible principle” • This ended in 1935 with the NIRA passed by Congress allowing the president to set regulations that the oil company wanted Mistretta v. United States (1989) 3. Triggered Dispute: Congress enacted Sentencing Reform Act of 1984 to standardize the sentencing by federal court judges. This created the US Sentencing Commission which consisted of at least three federal court judges and 4 other members all are nominated by the president and confirmed by the Senate. Mistretta was charged with selling cocaine and he claimed that the act violated delegation of powers principle by giving the commission “excessive legislative authority.” 4. Statue : Sentencing Reform Act of 1984 that standardized the sentencing for federal court cases. 5. Provision of the Constitution: 6. Legal Question: Does the act violate the delegation of powers doctrine? 7. Outcome: 8-1 The act is constitutional 8. Majority Opinion/ Legal Question: Justice Blackmun 1 a. They agree that Congress has all power vested to it and generally cannot delegate those powers, but they can have assistance from other branches. They can delegate powers by a legislative act an “intelligible principle” to a person or body authorized to conform a legislative action. b. the Sentencing Commission is in agreance with the intelligible principle because it gave them a specific duty as well as 4 purposes the commission must use when giving a sentence. The commission had different exact guidelines pertaining to varying issues used in sentencing. It is made hierarchal, proportionate penalties for hundreds of crimes. This commission is when in the powers of Congress and is therefore constitutional. 9. Legal Doctrine: Congress can delegate powers if using the “intelligible principle doctrine” 10. Other Opinions: Dissent (Scalia): There is nowhere in the constitution that says that a group formed by Congress exercise no governmental powers except to make...
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This note was uploaded on 04/20/2008 for the course POLI 4020 taught by Professor Hoch during the Fall '07 term at LSU.

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Poli 4020 Chapter 5 - Poli 4020 Chapter 5 The Separation of...

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