Federal Interbranch Relationships

Question 1

Delegation of Congressional Powers

Answer 1

Congress may delegate legislative powers, so long as:

(1) The powers are delegable under the Constitution; AND
(2) Congress provides reasonably intelligible standards to guide the delegation.

Question 2

Non-Delegation Doctrine

Answer 2

Congress CANNOT delegate powers it does not have.

Question 3

Government Action (“State Action”)

Answer 3

P must show that a violation is attributable to govt. action, which applies to all levels of local, state, and federal govt.

− The conduct of private actors is NOT protected by the U.S. Constitution UNLESS:

a) traditional public function (powers traditionally and exclusively reserved to the govt.); OR
b) Significant govt. involvement exists to authorize, encourage, or facilitate private unconstitutional conduct.