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View Diary: Joe Lieberman's Parting "F U America!" Shot (188 comments)

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  •  Is this even a legal delegation (2+ / 0-)
    Recommended by:
    Miggles, FishOutofWater

    of Congress' power?

    •  Unequivocally yes. (0+ / 0-)

      Congress can delegate detail filling authority.  It can also establish how independent an agency is from the President.   It was Congress that set up independent agencies as independent, and it can similarly remove that independence if it so chooses.

      This has been a golden age for confirmation bias. - David Brooks

      by Mindful Nature on Thu Nov 08, 2012 at 03:42:56 PM PST

      [ Parent ]

      •  I haven't practiced law in 50 years (0+ / 0-)

        but I'm not so sure.
        http://en.wikipedia.org/...

        •  The key part (0+ / 0-)

          Is the intelligible principle that congress lays down for the executive to follow.  Here is the language fr the wiki:

          However, the Supreme Court ruled in In J.W. Hampton, Jr., & Co. v. United States (1928)[1] that Congressional delegation of legislative authority is an implied power of Congress that is constitutional so long as Congress provides an "intelligible principle" to guide the executive branch: "'In determining what Congress may do in seeking assistance from another branch, the extent and character of that assistance must be fixed according to common sense and the inherent necessities of the government co-ordination.' So long as Congress 'shall lay down by legislative act an intelligible principle to which the person or body authorized to [exercise the delegated authority] is directed to conform, such legislative action is not a forbidden delegation of legislative power.'"[2]
          Here there isn't actually any delegation of legislative power, but rather a procedural mandate on the executive that says delegated authority that these agencies exercise has to be done in a particular way

          This has been a golden age for confirmation bias. - David Brooks

          by Mindful Nature on Fri Nov 09, 2012 at 06:37:59 AM PST

          [ Parent ]

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