Tag: Art. 1. Sec. 1
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Legislative Powers
Section 1. Legislative PowersAll legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives….
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Doctrine of Nondelegability
Overview of the Doctrine of NondelegabilityThe Supreme Court has sometimes declared categorically that "the legislative power of Congress cannot be delegated." 1 On other occasions, however, it has recognized more forthrightly, as Chief Jus…
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Delegation of Legislative Power – Crime and Punishment
Delegation of Legislative Power Concerns – Crime and PunishmentThe Court has confessed that its "cases are not entirely clear as to whether more specific guidance is in fact required" for delegations relating to the imposition of criminal sanctions.<a name=t1 href=#f1 target="_self&qu…
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Delegation of Legislative Power Concerns
Delegation of Legislative Power Concerns&emdash;Closer Scrutiny or Uniform Standard? The Court has strongly implied that the same principles govern the validity of a delegation regardless of the subject matter of the delegation. "[A] constitutional power implies a power of delegation of authori…
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Delegations to States
Delegations of Legislative Power to States and to Private EntitiesBeginning in the Nation's early years, Congress has enacted hundreds of statutes that contained provisions authorizing state officers to enforce and execute federal laws.1 Challeng…
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Delegations to the President
Delegations of Legislative Power to the President in Areas of Shared AuthorityIt was asserted in United States v. Curtiss-Wright Corporation 1 that the delegation of discretion in dealing with foreign relations stands upon a different footing than th…
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Bicameralism
BicameralismFor the Framers, historical and contemporary examples of both unicameral and bicameral legislatures abounded. Following the Revolution, a number of state legislatures were created unicameral, and the Continental Congress, limited in power as it was, consisted of one house. On the other h…