OUTLINE Fall07 Admin

OUTLINE Fall07 Admin - OUTLINE 1. Separation of Powers...

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OUTLINE 1. Separation of Powers “whether the legis invalidly delegated legis or adjudicative power in violation of separation of powers doctrine?” a. if an agency rule is challenged – did the legis invalidly delegate? i. does the statute contain meaningful standards to constrain agency discretion? (likely valid delegation) ii. safeguards on agency action (right for public participation, judicial review, etc)? (likely valid delegation) iii. does statute delegate to private parties right to reg other private parties? (likely not valid) iv. If valid delegation, does rule exceed the scope of delegated power (ultra vires) ? b. if agency adjudicatory order challenged – did legis invalidly delegate judicial power? Look for power to decide private rights, vagueness. . c. Other violations of sep of powers – i. invalid if calls for legis appointment of persons who will engage in rulemaking/adjudication ii. invalid if contains legis veto – legis can adopt laws /wo exec power to veto iii. invalid if gives legis role in removal of persons who will engage in implementing law 2. The Con position of the Admin Agency A. Intro on Sep of P B. Agency’s power to Regulate: Congress cannot delegate legis power (1888) – Milk shippers complained to Minnesota RR Commission that milk transport rates were unreasonably high. The Commission agreed and declared new rates, then brought action in state court to compel RR’s to comply with their new rates. Is the RR Commission Con (i.e., doesn’t violate sep of P)? Yes – they may fix rates without violating sep of P b/c otherwise it would be really inconvenient. C. Nondelegation Doctrine in Fed Law: Gen – congress’ delegation must have intelligible principles on which to base agency action, to prevent agency usurping congress’ legis function. They can be weak and vauge, the court will find them. 1. Analytic and test foundations Position 1: Congress may not transfer it’s legis powers to anyone else Position 2: If Cong delegates to other body, unCon if scope of grant is too broad Position 3: When Cong delegates, it’s exercising legis power, and therefore delegee is acting within Con as long as has statutory auth for actions
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2. Early Hist and Pre 1935 SCOTUS decisions – Field v Clark (1892) – Prez may impose import duty on products from places that had an unfair duty on American goods. OK, he just ascertains a fact (whether the other country has unfair duty on our goods). Position 2 US v Grimaud (1911) – Sec of Agriculture may make rules to protect forests – this is just “filling in the details” (1928) – Prez has power to impose tariffs to ‘equalize’ prod costs – intelligible principle found 3. Panama Refining and Schecter – the only uses of nondelegation ever to succeed. Panama Refining Co v Ryan
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This note was uploaded on 02/14/2008 for the course LAW 7521 taught by Professor Stack during the Fall '04 term at Yeshiva.

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OUTLINE Fall07 Admin - OUTLINE 1. Separation of Powers...

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