Eleanor Finch
The U.S. Constitution is a concise and old document that establishes rules on what Congress does and does not have control over. The Constitution delegates powers to each of the three branches of government, and each branch has the authority to check on the actions of another. This system is referred to as a system of checks and balances. The Constitution does not outline what the government cannot do, but what it can do. The delegation of powers is the transfer of a specific authority by one of the three branches of government to another branch or to an independent agency. The U.S. Congress, for example, has created government agencies to which it has delegated authority to enforce regulations pursuant to law.
| Characteristics | Values |
|---|---|
| Separation of Powers | The three branches of government (executive, legislative, and judicial) are separate but coordinate parts of one government. Each branch can invoke the action of the other two, provided it does not assume the constitutional field of action of another branch. |
| Due Process | The lawmaking branch cannot divest itself of its power and confer it on another branch. However, it can confer significant authority on the executive branch. |
| Checks and Balances | Each branch of the government can amend or veto acts of another branch to prevent any one branch from exerting too much power. |
| Delegation of Powers | The Constitution grants Congress specific powers, which are outlined in Article 1, Section 8. These powers limit what Congress can do and define its regulatory responsibilities. |
| Judicial Review | The U.S. Supreme Court reviews important issues, laws, and court rulings to determine if they violate the U.S. Constitution or if there has been a judicial error. |
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What You'll Learn
Separation of Powers
The US Constitution divides the government into three branches: the executive, the legislative, and the judicial. This system of checks and balances prevents any one branch from having too much power.
The legislative branch, or Congress, is responsible for making laws. The Constitution grants Congress certain powers, known as delegated or enumerated powers. These are specific authorities that the framers of the Constitution believed were worthy of Congressional effort and would not limit individual freedoms. The Constitution does not outline what the government cannot do, but rather what it can do. For example, Congress has the power to regulate interstate commerce.
The executive branch, which includes the President, their advisors, and the Presidential Cabinet, is responsible for enforcing the laws made by the legislative branch. The President can sign or veto laws, and delegate authority to independent agencies. For example, Congress has delegated authority to the Securities and Exchange Commission and the Federal Election Commission to promulgate and enforce regulations.
The judicial branch, including the Supreme Court, is responsible for interpreting the law and administering justice. The Supreme Court can review laws and court rulings to determine if they violate the Constitution. This ability is integral to maintaining the balance of power between the three branches.
The separation of powers is a key principle in the US Constitution, ensuring that no single person or entity has all the authority. However, the branches are not entirely separate and can seek assistance from one another. The delegation of powers can occur when one branch transfers specific authority to another branch or an independent agency. This has been upheld by the Supreme Court, which has approved Congress's ability to delegate power under broad standards.
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Checks and Balances
The US Constitution, a concise and old document, establishes rules on what Congress does and does not have control over. The Constitution delegates powers to each of the three branches of the US government: the executive, legislative, and judicial branches. Each branch also has the authority to check on the actions of another, a system referred to as "checks and balances".
The legislative branch, which consists of the Senate and the House of Representatives, is responsible for making laws. The executive branch, which includes the President, their advisors, and the Presidential Cabinet, is responsible for implementing, supporting, and enforcing the laws made by the legislative branch. The President has the power to sign into law bills that they believe are reasonable and veto those they deem unreasonable. The judicial branch, on the other hand, interprets the law and administers justice. The US Supreme Court, as part of the judicial branch, reviews important issues, laws, and court rulings to determine whether they violate any provisions of the US Constitution or if there has been a judicial error.
The checks and balances system allows each branch of the government to amend or veto acts of another branch, preventing any one branch from exerting too much power. This system is integral to the US government's structure, ensuring that no single person or entity has all the authority over the people.
The US Congress has created government agencies to which it has delegated authority, such as the Securities and Exchange Commission and the Federal Election Commission. Congress has also delegated authority to the Department of Commerce, a cabinet office within the executive branch, to conduct the decennial census. While the Constitution allows for the delegation of powers, it is important to note that the exercise of a power delegated to another branch violates the separation of powers outlined in the Constitution.
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Judicial Review
The US Constitution establishes rules on what Congress does and does not have control over. The Constitution delegates powers by branch of government, with each branch having the authority to check on the actions of another. This system is referred to as a system of "checks and balances".
The US Supreme Court's role is to review important issues, laws, and court rulings to determine whether they violate any provisions of the US Constitution or whether there has been a judicial error. This ability to review what the other branches of government have already passed into law is integral to the checks and balances of government.
The Supreme Court has sometimes stated that the legislative power of Congress cannot be delegated. However, on other occasions, the Court has recognised that, although Congress may not delegate powers that are strictly and exclusively legislative, it may delegate powers which it may rightfully exercise itself.
In J. W. Hampton, Jr. & Co. v. United States (1928), Chief Justice Taft discussed the ability of Congress to delegate power, stating that the Federal Constitution divides governmental power into three branches. He explained that it would be a breach of fundamental law if Congress were to give up its legislative power and transfer it to the President, or to the Judicial branch. However, he also acknowledged that the three branches are coordinate parts of one government and that each branch may invoke the action of the other two, as long as it does not assume the constitutional field of action of another branch.
In Loving v. United States (1996), the Court distinguished between its usual separation-of-powers doctrine and the delegation doctrine, which is another aspect of its separation of powers jurisdiction. The Court confirmed that the delegation doctrine is informed solely by the provision of standards, rather than the arrogation and impairment analyses that characterise the usual separation-of-powers doctrine.
The minimum requirement for delegation, according to the Court, is that Congress uses a delegation that "sufficiently marks the field within which the Administrator is to act so that it may be known whether he has kept within it in compliance with the legislative will". When congressional standards are combined with requirements of notice, hearing, and statements of findings, judicial review under due process standards is possible, and the constitutional requirements of delegation have been fulfilled.
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Congressional Authority
The US Constitution delegates powers to each of the three branches of government: the executive, legislative, and judicial branches. The Constitution outlines what the government can do, and what it cannot.
Congress has the authority to create government agencies to which it can delegate certain powers. For example, Congress created the Securities and Exchange Commission in 1934, the Federal Election Commission in 1974, and delegated authority to the Department of Commerce in 1954. Congress can also delegate power to the President, as seen in the 1928 case of J. W. Hampton, Jr. & Co. v. United States, where the Court upheld Congress's delegation to the President to set tariff rates.
The Supreme Court has, on occasion, recognised that while Congress may not delegate powers that are strictly and exclusively legislative, it may delegate powers that it may rightfully exercise itself. This is informed by two constitutional principles: separation of powers and due process. The separation of powers prevents the legislative branch from divesting itself of power and conferring it on another branch. However, this does not prevent the conferral of significant authority on the executive branch.
The Court has also upheld Congress's ability to delegate power under broad standards. For example, delegations to administrative agencies to determine "excessive profits" during wartime, "unfair and inequitable distribution of voting power", and to regulate broadcast licensing as the "public interest, convenience, or necessity require".
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Executive Branch
The Executive Branch is one of the three branches of government outlined in the US Constitution, alongside the Judicial and Legislative Branches. The Executive Branch is comprised of the President of the United States, their advisors, and the Presidential Cabinet.
The Executive Branch has a number of delegated powers, including the power to implement, support, and enforce laws made by the legislative branch. The President has the power to sign bills into law or veto them. This is an important aspect of the checks and balances system, which allows each branch of the government to amend or veto acts of another branch, preventing any one branch from exerting too much power.
The Executive Branch also has the power to withhold information from other branches of government or the public, known as executive privilege. This privilege is not clearly defined and has been limited by the courts. For example, in 1974, the Supreme Court ruled that executive privilege could not be used to withhold evidence in criminal proceedings against the President.
The President's power is often constrained and limited, and the House of Representatives has the power to impeach the President if they abuse their power. The power of the Executive Branch is also limited by the Judicial Branch, which can review laws passed by the Executive to determine if they violate the US Constitution.
The US Constitution grants the Executive Branch certain powers, but it also places limits on those powers to prevent overreach and protect personal freedoms.
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Frequently asked questions
Delegated powers are those authorities that the Constitutional framers deemed worthy of Congressional effort and which the framers believed would not limit the personal freedoms of individuals. The U.S. Constitution establishes rules on what Congress does and does not have control over.
In 1928, in the case of J. W. Hampton, Jr. & Co. v. United States, the Court upheld Congress's delegation to the President of the authority to set tariff rates that would equalize production costs in the United States and competing countries. In 1996, in the case of Loving v. United States, the Court distinguished between its usual separation-of-powers doctrine and the delegation doctrine, which is informed solely by the provision of standards.
The Constitution does not outline what the government cannot do, but what it can do. Exercise by one branch of a power delegated to another violates the separation of powers provided for in the Constitution; that is, it is unconstitutional.
