Legislative Powers Flashcards
Youngstown spectrum
- express auth
- implied auth/silence/implied denial
- express denial
category 1: express authorization
pres has max power - his own plus what Congress delegated to him
can the fed govt take this action at all? can they take this action the way they have?
category 2: implied/silence
twilight zone - must rely on own powers b/c acting in absence of congressional grant/denial of authority
category 3: express denial
lowest level of pres power - actions incompatible with the express will of Congress. relying on own powers minus any of Congress’ constitutional powers over the matter
question: which branch is authorized to do this power, the leg or the exec? (SOP question)
3 main principles in art 1, sec 1:
- congress is granted only certain leg powers –> enumerated mostly in sec 8
- these powers are vested in Congress specifically (gives rise to question of whether Congress can delegate)
- introduces bicameral legislature
delegation
general rule is nondelegation principle, unless there are strict standards (IP)
must determine:
- what authority was delegated? what did the statute authorize?
- was the delegation permissible under the C?
intelligible principle
Congress must delineate a legal framework to constrain the authority of the delegee. may delegate no more than the authority to make policies and rules that implement their statutes
necessity of legislative guidance to an administrative agency
if Congress has not spoken in legislation directly to the precise question at issue, is the agency’s interpretation reasonable?
must determine whether the properly delegated authority is being exercised within the boundaries of the discretion Congress gave the delegee
major questions doctrine
an admin agency may exercise powers having a significant impact on politics or economics only if there is a clear congressional delegation of such authority to the agency
serves an SOP purpose - agencies cannot overstep the power they’ve been given by a statute
arises where an admin agency claims to discover power in an old statute’s vague language –> agency then addresses a matter than Congress has declined to address
chevron deference rule
an agency’s action is not reviewable by the courts if:
1) Congress was silent as to the specific issue, and
2) the agency’s interpretation of the statute is reasonable
how to use the major questions doctrine
- there is a presumption that Congress intended to make major policy decisions itself or it would expressly delegate that power (stat constr doctrine)
- to overcome this presumption, agency must demonstrate it has clear congressional authorization for the power it now claims to have
a legislative act requires
bicameralism and presentment
bicameralism and presentment
for a bill to become a law, there must be action by both houses of Congress along with presentation to the president for either signature or veto. a veto may be overriden, but only by a 2/3 majority of both houses
analysis of whether Congress’s action is a legislative act:
- presumption that each branch of govt acts w/in its assigned sphere
- presumption confirmed by determining whether action contains a matter which is legislative in character
- how to determine?
- if essentially legislative and does not meet any exceptions –> subject to B/P
how to determine whether Congress’ action is a legislative act
- is the action essentially legislative?
- without this resolution, could Congress only have reached their desired outcome by passing a bill?
- does it meet any of the exceptions to these requirements?
exceptions to legislative act requirements
- C’al authorization of unilateral power
- HOR power to initiate treatment
- Senate power to ratify treaties
- Senate power to approve/disapprove of presidential appointments
