Legislative Control of Administrative Law Flashcards
What does Article I say?
All legislative power shall be vested in a Congress.
What does the non-delegation doctrine require?
The non-delegation doctrine requires that Congress has all the legislative power.
What are the four exceptions to the non-delegation doctrine?
1) Fact Finding: The party must be responsible to find specific facts, and if they find those facts, then the party has the ability to change the rule.
2) Fill in the Details: Congress will set out the general rule and the party will fill in the rest of the details.
3) “Intelligible Principle”
4) Expert Agencies
What does Bowsher v. Synar state about the ability of Congress to vest power under the fact-finding exception to the non-delegation doctrine?
The comptroller general’s actions were executive in nature so Congress delegated its power to the Comptroller and put it under the President. They could not give the power to themselves, because they didn’t have the power to begin with.
ALA Schechter Poultry v. United States requires what for an intelligible principle?
The court held that there was no intelligible principle within the delegation of power. In this case, Congress passed too much power to the President in violation of the non-delegation doctrine.
Yakas v. United States holds that this was a valid delegation and had an intelligible principle. Why?
Court held the Emergency Price Control Act, which allowed setting fair and equitable price ceilings, was a valid delegation of power because there was an intelligible principle to tie the design together and rule it.
The court limited the intelligible principle doctrine based on the number of people affected in Whitman v. American Trucking in what way?
The intelligible principle can vary based on the impact the decision will have on the entire national economy. If Congress is trying to regulate something that wont affect many people then it can be broad, however, if it is something important it must be more specific.
Is a legislative veto constitutional? (INS v. Chadha)
A legislative veto is unconstitutional because it violates the separation of powers principle.
What does the Line Item Veto allow?
Congress can control:
1) Appropriations and the amount of money given;
2) Size of the budget generality;
3) Riders - Get the money if they do something else.
What did Clinton v. City of New York say about Line Item Vetoes?
Congress gave the president power to strike out specific provisions within the budget and President Clinton did strike them out.
Line Item Vetoes are not allowed because it violates the separation of powers.
