review Admin law

review Admin law - Nondelegation In Article I of the...

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Nondelegation In Article I of the Constitution, it states that “all legislative powers” are to be vested in a Congress of the United States. The question is whether this phrase creates a nondelegation doctrine. It could be argued that congress does NOT delegate its power when it creates agency that has broad discretion because they are merely ‘exercising” there power not “delegating it. Others would argue that if a grant of statutory authority is too discretionary or too broad then the congress has given an agency “legislative power” ALA Schechter Poultry Corp. v. US Found that NIRA was an Unconstitutional grant of power because the term “fair trade” was too broad and the president had too much discretion in approving or prescribing codes. Reasons for the result Congressional Accountability- Even though the president would have exercised the discretion and he has political accountability he is not subject to the same political accountability as congress. Congress is made up of representatives from each state and the reason could be a combination of accountability and reflectivness. American Trucking Assoc v. Environmental Protection Agency 1) Circuit Court Found that the EPA standards were not based on an “Intelligible Principal”. In order for the standards to be constitutional they cannot be too broad. The court was looking to make sure that the agency was not allowed to be arbitrary in setting standards. The court said that the EPA must adopt an “intelligible principle” 2) US Supreme Court Giving the Agency the ability to set the standard makes very little sense…if the nondelegation doctrine is about granting too much power to an agency this does nothing to correct the problem. The court says that the interpretation should be construed to avoid saying the congress delegated power. It basically says that the Supreme Court will
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This note was uploaded on 03/19/2008 for the course LAW 101 taught by Professor Stone during the Fall '06 term at Yeshiva.

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review Admin law - Nondelegation In Article I of the...

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