That congress doesnt possess when congress tries to

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that Congress doesn’t possess When Congress tries to give too much, you can appeal to federal court (many of these cases go to Supreme Court) o If you’re arguing illegal delegation of power, you have to prove that Congress gave away something it didn’t have Schechter vs. United States o During Depression, Federal government set up agency to control prices, to try to put people back to work o Schechter (chicken farmer) objected Congress cannot simply set up an agency and tell them what is necessary to deal with Depression Supreme Court agree Reason was that Congress did not impose limits on what agency could do But Congress did not have unlimited power Nothing to do with facts of case – only with how agency was set up Exceeding delegation It’s a legal delegation of power, but they tried to go too far FDA o FDA is charged with making sure food and drugs are safe and efficacious o Decided in the 1970s that nicotine was a drug, and that it was dangerous Therefore, they wanted control over it
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o But it wasn’t sold as a drug, so they said that nicotine in a cigarette was a drug delivery system – therefore, FDA wanted control (FDA has control over drug delivery systems) o But Supreme Court disagreed – said FDA did not have authority of controlling cigarettes just because they think it’s the right thing to do Congress could give the FDA the power to regulate cigarettes, but it never did So the Supreme Court said that what the FDA was doing was not allowed Due process Many different meanings, since it occurs in many situations o Very broad and important concept Fundamentally, means a fair hearing Search and seizure is part of due process To search someone or someone’s property, you need probable cause o To get probable cause, you need to go to court, before a judge o Judge will determine if there is probable cause Everyone has rights of privacy, but sometimes those rights can be overcome if it is for good o But for that to happen, you need due process o Can supersede rights if you have a warrant Due process allows us to be protected OSHA o One mandate is industrial safety o Inspects plants o Would show up in front of plants and inspect o One manager refused to let them in – said they needed warrant o Went to Supreme Court – does OSHA need a warrant? o Usually, if you need a warrant, it is a matter for public courts/records that you have warrant If OSHA had to follow this process, that means the people you are going to inspect can know in advance that you are going to inspect So we are dealing with the balancing test Balance test o What are rights of individual versus needs and rights of majority o We protect privacy rights of individual, but we can override those rights if we have probable cause
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o Supreme Court agreed with company, but said that warrant did not need to be granted in open court Courts looks at what OSHA has, determines if OSHA has probable cause Limits on agency protect privacy of individual But note that rights of majority are still protected since OSHA could still do unannounced inspections, though they need approval in advance o
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