The Legislative Branch - I THE LEGISLATIVE BRANCH...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
THE LEGISLATIVE BRANCH I. Delegation Power a. Initial Rise of the Administrative States i. Article I of the Constitution: vests the legislative power in Congress ii. Only the last century that Congress has routinely delegated its legislative power to executive agencies iii. Over the course of the next century, a vast array of federal agencies have been created iv. Almost all the agencies possess rule-making power, and these rule shave the force of law, they also have executive power to enforce the regulations that they have promulgated and the judicial power to adjudicate violations of their rules v. This seems in conflict with the notion that the Congress along possesses the federal legislative power vi. Combination of functions in a single agency seems in conflict with elemental concepts of separation of powers b. The Nondelegation Doctrine i. One solution to these constitutional problems posed by administrative agencies is the nondelegation doctrine: the principle that Congress may not delegate its legislative power to administrative agencies c. The Demise of the Nondelegation Doctrine i. All delegations, no matter how broad, have been upheld ii. Although, the courts say that when Congress delegates its legislative power it must provide criteria – “intelligible principles” – to guide the agency’s exercise of discretion iii. But all delegations, even without criteria have been upheld d. Mistretta v. United States 1989 i. Facts: U.S. Sentencing Commission to promulgate sentencing guidelines to determine the punishment for those convicted of federal crimes 1. Creation of a sentencing commission ii. Issue: Whether it was unconstitutional because it violated separation of powers – did Congress delegate excessive authority to the Commission iii. Held: Court approved a broad delegation of power to the commission – was constitutional iv. Reasoning: 1. Court upheld the law and rejected the claim that it was an impermissible delegation of legislative power to the judicial branch of government 2. Historical analysis : a. Madison – separation of powers, recognized not about hermetic division, but rather a crafted system of checks and balances
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
b. Morrison v. Olson – executive and administrative duties of a nonjudicial nature may not be imposed on judges holding office under Article III v. Justice Scalia dissented and argued that the commission was given broad discretion to make value judgments and policy assessments in creating the Sentencing Guidelines e. The Legislative Veto Defined i. In light of the demise of the nondelegation doctrine, the issue arises as to how the power of administrative agencies will be checked and controlled ii. In the 1930s, Congress created the legislative veto as a check on the actions of administrative agencies iii. Typical form of a legislative veto provision authorized Congress to overturn an agency’s decision by a resolution of one house of Congress iv. Legislative vetoes also took the form of overturning agency rules
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern