Delegation of powers in U S law
Delegation of Powers in U.S. Law: Overview
Delegation of powers refers to the process by which Congress transfers some of its legislative authority to executive agencies or other branches of government. Since the U.S. Constitution vests legislative power in Congress (Article I, Section 1), any delegation of that power must adhere to constitutional limits.
The main question: Can Congress delegate its legislative power to another branch, and if so, under what conditions?
The Nondelegation Doctrine
The nondelegation doctrine is a principle in constitutional law that Congress cannot delegate its legislative powers to another branch without providing an "intelligible principle" to guide that delegation. However, courts have generally allowed broad delegations if some guidance or standards exist.
Important Cases on Delegation of Powers
1. J.W. Hampton Jr. & Co. v. United States (1928)
Facts: Congress passed the Tariff Act of 1922, which authorized the President to adjust tariff rates within certain limits to equalize production costs of domestic and foreign goods.
Issue: Whether Congress’s delegation of tariff-setting authority to the President violated the nondelegation doctrine.
Holding: The Supreme Court upheld the delegation, establishing the "intelligible principle" test.
Significance: The Court ruled that Congress could delegate authority if it provides an intelligible principle to guide the exercise of the delegated power. This case set the standard for evaluating delegation cases.
2. Schechter Poultry Corp. v. United States (1935)
Facts: Under the National Industrial Recovery Act (NIRA), the President was given broad power to approve codes regulating various industries. The Schechter Poultry Corp was convicted of violating codes regulating poultry sales.
Issue: Whether the NIRA’s delegation of legislative power to the President was unconstitutional.
Holding: The Supreme Court struck down the NIRA, holding that Congress had delegated too much legislative authority without clear standards.
Significance: This case was a rare instance where the Court invalidated a delegation for lacking an intelligible principle, emphasizing that Congress must provide clear guidance.
3. A.L.A. Schechter Poultry Corp. v. United States (1935) (sometimes called the "Sick Chicken Case")
This is the same case as above and often referred to as the "Sick Chicken Case" for the details of the poultry business involved. The ruling reinforced limits on excessive delegation and stressed that the executive branch could not make policy independently of Congress.
4. Whitman v. American Trucking Associations (2001)
Facts: The Clean Air Act authorized the Environmental Protection Agency (EPA) to set air quality standards to protect public health. The EPA set those standards.
Issue: Whether the EPA's delegation of power violated the nondelegation doctrine.
Holding: The Supreme Court upheld the delegation, reaffirming that as long as Congress provides an intelligible principle, the delegation is constitutional.
Significance: This case reaffirmed the vitality of the nondelegation doctrine but indicated that the bar for striking down a delegation is very high today.
5. Mistretta v. United States (1989)
Facts: The Sentencing Reform Act established the U.S. Sentencing Commission, giving it authority to create sentencing guidelines for federal crimes.
Issue: Whether Congress unconstitutionally delegated legislative power to the Commission.
Holding: The Court upheld the delegation, finding that Congress had provided sufficient guidance and policy goals.
Significance: This case shows the Court’s willingness to allow delegation when Congress sets broad goals and boundaries.
Summary of Legal Principles from Cases
Nondelegation Doctrine: Congress cannot delegate its core legislative power without guidance.
Intelligible Principle Test: Delegations are constitutional if Congress provides clear policy standards.
Historical Tolerance: The Court generally allows broad delegations due to the complexity of modern governance.
Limits: Delegations are unconstitutional when too vague or unchecked.
Why Delegation is Important
Delegation allows the government to be flexible and responsive, enabling specialized agencies to implement complex regulations (like the EPA). However, unchecked delegation risks giving excessive power to unelected officials, raising separation of powers concerns.
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