Omar Bennett
The delegation of powers in the US Constitution refers to the transfer of authority between the three branches of government: the executive, legislative, and judicial branches. The legislative branch, which consists of the Senate and the House of Representatives, has the power to create laws, while the executive branch, led by the President, carries out these laws, and the judicial branch interprets them. The delegation of powers allows for flexibility and coordination between these branches, but it must be done carefully to avoid violating the separation of powers and preserve the system of checks and balances. The delegation of powers can also extend to independent agencies or public agencies, which are created to enforce regulations. The US Congress, for example, has delegated authority to agencies such as the Securities and Exchange Commission and the Federal Election Commission. The delegation of powers is a complex and dynamic aspect of the US Constitution, shaped by court cases and interpretations over time.
| Characteristics | Values |
|---|---|
| Separation of Powers | The three branches of government (executive, legislative, and judicial) are separate and cannot transfer their powers to one another. |
| Due Process | Courts review delegations to ensure compliance with legislative mandates, especially when delegating to administrative agencies. |
| Contingency | Delegations may be made in anticipation of certain findings or facts, as in the case of United States v. Curtiss-Wright Corporation. |
| Details | Delegated powers may be used to "fill up the details" of a general provision, as in Wayman v. Southard. |
| Authority | Delegated powers can be transferred to independent agencies or other branches of government. |
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What You'll Learn
Separation of powers
The US Constitution divides governmental power into three branches: the executive, legislative, and judicial branches. The delegation of powers refers to the transfer of specific authority by one of these three branches of government to another branch or to an independent agency.
The separation of powers is a constitutional principle that prevents the lawmaking branch from divesting itself of any power and conferring it on another branch. However, this doctrine is not rigidly applied, and significant authority can be conferred upon the Executive Branch. For example, in J. W. Hampton, Jr. & Co. v. United States, Chief Justice Taft explained that while Congress cannot give up its legislative power and transfer it to the President or the Judicial Branch, the three branches are still coordinate parts of one government and can invoke each other's action as long as it does not assume the constitutional field of action of another branch.
The US Congress has created government agencies and delegated authority to them to promulgate and enforce regulations pursuant to law. For instance, the Securities and Exchange Commission (1934) and the Federal Election Commission (1974) were established by Congress, and the Department of Commerce was delegated the authority to conduct the decennial census.
The delegation of powers is also influenced by the due process conception, which undergirds delegations to administrative agencies. The Court has distinguished between delegations to public agencies, which must follow established procedures, and delegations to private entities, which are not subject to the same procedural requirements. The delegation of discretion in foreign relations is another context where the Court has upheld a lesser standard of delegation, as seen in United States v. Curtiss-Wright Corporation, where the Court upheld a joint resolution of Congress that made it unlawful to sell arms to certain warring countries based on findings by the President.
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Due process
The Due Process Clause is found in the Fifth and Fourteenth Amendments to the United States Constitution. The Fifth Amendment applies to the federal government, while the Fourteenth Amendment applies to the states. These clauses prohibit the deprivation of "life, liberty, or property" without due process of law by the federal and state governments, respectively.
The Due Process Clause of the Fourteenth Amendment guarantees procedural due process, which means that government actors must follow certain procedures before depriving a person of a protected life, liberty, or property interest. For example, an individual must be given notice and a hearing before the termination of entitlements such as publicly funded medical insurance. Procedural due process also concerns the right to a jury trial, where the jury determines the facts and the judge enforces the law.
The Fourteenth Amendment's Due Process Clause also guarantees substantive due process, holding that there are certain fundamental rights that the government may not infringe upon, even if it provides procedural protections. These include individual rights listed in the Bill of Rights, such as freedom of speech, the free exercise of religion, the right to bear arms, and a variety of criminal procedure protections. The Due Process Clause has also been interpreted to protect certain substantive rights that are not specifically enumerated in the Constitution, such as the right to marry, the right to use contraception, and the right to abortion.
The Supreme Court has interpreted the Due Process Clauses in the Fifth and Fourteenth Amendments identically, protecting against vague laws and guaranteeing equal protection under the law. The Due Process Clause expressly allows the death penalty in the United States, as long as proper procedures are followed. The Supreme Court has also ruled that in certain circumstances, the Due Process Clause of the Fourteenth Amendment requires a judge to recuse themselves due to a potential or actual conflict of interest.
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Delegation to independent agencies
The delegation of powers in U.S. constitutional law refers to the transfer of authority by one of the three branches of government—the executive, legislative, and judicial—to another branch or an independent agency. The U.S. Constitution, in Article I, outlines the legislative powers of Congress and the conditions under which it can delegate its powers.
The nondelegation doctrine asserts that a branch of the government vested with certain powers must not authorise another entity to exercise those powers. This principle is implicit in constitutions that enforce a strict separation of powers. The nondelegation doctrine is not rigidly applied, and there are instances where the legislative branch can grant some of its power to administrative agencies.
The Supreme Court has upheld Congress's ability to delegate power under broad standards to administrative agencies. For example, Congress has delegated authority to the Securities and Exchange Commission (established in 1934) and the Federal Election Commission (established in 1974) to promulgate and enforce regulations. The Court has also upheld delegations to agencies to determine excessive profits during wartime, unfair distribution of voting power, and equitable commodities prices, among other responsibilities.
The Court has emphasised that Congress must provide an "intelligible principle" or intelligible standard to guide administrators when delegating authority. This means that Congress should clearly outline the policy, the agency responsible for its execution, and the boundaries of the delegated authority. The Court assesses the entire statute to determine if there is a discernible standard that guides administrators and ensures compliance with legislative intent.
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Delegation to private entities
In the United States Constitution, the delegation of powers refers to the transfer of authority by one of the three branches of government—the executive, legislative, and judicial—to another branch or an independent agency. This delegation of powers to private entities has been a contentious issue, with the Supreme Court playing a pivotal role in interpreting and shaping the boundaries of such delegations.
One of the seminal cases addressing delegations to private entities is Carter v. Carter Coal Co. in 1936. In this case, the Supreme Court invalidated the Bituminous Coal Conservation Act of 1935, which granted coal producers and miners in a region the power to impose maximum hour and minimum wage standards on their competitors. The Court deemed this as an impermissible delegation of legislative power to private individuals, who may have conflicting interests with those they regulate, thus violating the Due Process Clause.
The Court has also scrutinized delegations that involve private trade groups in drafting binding codes of competition in conjunction with government agencies. In Schechter, the Court objected to the lack of adequate standards in the statute, emphasizing the need for intelligible principles to guide the exercise of delegated authority. Similarly, in United States v. Curtiss-Wright Corporation, the Court upheld congressional authority over foreign relations but acknowledged that the President has more flexibility in this domain, free from the strict constraints of the nondelegation doctrine.
Despite these limitations, the Supreme Court has upheld certain delegations of regulatory power to private entities. For instance, in a case concerning the American Railway Association, a trade group, the Court affirmed its authority to determine the standard height of drawbars for freight cars. This suggests that delegations to private entities can be permissible if they do not infringe on fundamental legislative functions or deny due process to those being regulated.
In summary, the delegation of powers to private entities in the United States Constitution is a complex and evolving area of law. While the nondelegation doctrine and the Due Process Clause set important boundaries, the increasing complexity of societal issues has also led to a practical recognition that Congress needs the ability to delegate power under broad general directives. As a result, the Supreme Court has played a pivotal role in interpreting and shaping the limits of these delegations to private entities.
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Foreign affairs
The debate over the scope of the president's powers in foreign affairs has a long history, dating back to the 1787 Constitutional Convention in Philadelphia. The delegates agreed on a single person as the "President of the United States", who would be chosen by "electors" elected by the people.
In the case of United States v. Curtiss-Wright Corporation, the Court upheld the President's authority in foreign affairs. The case involved an embargo imposed by President Franklin D. Roosevelt pursuant to a congressional delegation. The Court found that the National Government's power in foreign relations is inherent and that the President has a degree of discretion and freedom in conducting foreign affairs. Justice Sutherland stated that the President is largely free of the constitutional constraints imposed by the nondelegation doctrine when acting in foreign affairs.
However, in the Zivotofsky case, the Court declined to endorse the Executive's broader claim of exclusive or preeminent presidential authority over foreign relations. Instead, they appeared to minimize some of the Court's earlier statements in Curtiss-Wright, noting that the description of the Executive as the sole organ of foreign affairs was not essential to its holding in the case.
The extent to which Congress can delegate its legislative powers is informed by two constitutional principles: separation of powers and due process. While a rigid application of separation of powers would prevent the lawmaking branch from delegating its power, the doctrine is not applied strictly to prevent the conferral of significant authority on the Executive Branch. Due process, on the other hand, undergirds delegations to administrative agencies, which must follow established procedures and enable reviewing courts to determine compliance with the legislative mandate.
In summary, while the President has been deemed to have significant authority in foreign affairs, the exact scope of this power is still subject to interpretation and debate, with the Court providing nuanced rulings in cases such as Curtiss-Wright and Zivotofsky.
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Frequently asked questions
The delegation of powers is the transfer of authority from one branch of the three branches of government (executive, legislative, and judicial) to another branch or to an independent agency.
The two principles underlying delegation law are separation of powers and due process.
In J. W. Hampton, Jr. & Co. v. United States, Chief Justice Taft explained that it is a breach of fundamental law if Congress gives up its legislative power and transfers it to the executive branch. However, the doctrine is not rigidly applied, and significant authority can be conferred on the executive branch.
The US Congress has created government agencies such as the Securities and Exchange Commission and delegated authority to promulgate and enforce regulations.
