Accountability to Congress Flashcards
Non-delegation: Hampton & Co. rule
Is there an intelligible principle in the legislative act to which the president can directly conform
Non-delegation: ALA Schechter Poultry rule
Not enough constraint; needs to be canalized:
a. “Fair competition” vaguer than “unfair method of competition” in FTCA.
b. No administrative procedure mandated
c. Delegation to private groups
d. Delegation of vast power over entire economy
Non-delegation: Carter Coal rule
Congress cannot delegate to private persons whose interest may be and ofter are adverse to the interest of others in the same business
Non-delegation: Benzene rule
“Significant risk of harm” standard struck down because it didn’t require the Secretary to show proof - to hold otherwise would have allowed unfettered authority.
Non-delegation: American Textile Manufacturers rule
As long as the Secretary of Labor found a “significant risk of harm” then he was not required to compare the costs and the benefits - the factual finding was all that was necessary.
Non-delegation: Mistretta rule
Seven offense factors and eleven personal factors in sentencing guidelines did qualify as an intelligible principle - delegation constitutional.
Non-delegation: purpose
- Ensure policy choices made by the elected (accountable) and deliberative legislative branch (democracy)
- Tyranny avoided by separating power into different branches and keeping legislative power in legislative branch (separation of powers)
- Ensure that rules that delegate discretionary authority to agencies and that govern people are specific and predictable (rule of law)
- Ensure that there are rules that can be used by courts in judicial review to assess whether agency action lawful (rule of law)
Non-delegation: American Trucking rule
“Requisite” is an intelligible standard for the delegation of authority. Policy judgments should be left to the agencies - “we almost never feel qualified to second-guess agencies”
Legislative control: authorization
- Substantive and procedural directives
- Sunset provisions
- Hammer provisions
Legislative control: revisions (Chadha)
Separation of powers issue; bicameral and presentment requirements; House veto proposition violates the underlying purposes of the Presentment Clause and Bicameral requirement
Legislative control: appropriation
The legislature can control executive agencies and agency action through a limitation of funding
Legislative control: oversight
Congress can hold oversight hearings and has some capacity to subpoena.
