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> Congress has the ability to create bodies to regulate things and basically delegate its lawmaking power to them. It doesn't. https://constitution.congress.g
by coolhand2120 3y ago
> Congress has the ability to create bodies to regulate things and basically delegate its lawmaking power to them.
It doesn't.
https://constitution.congress.gov/browse/essay/artI-S1-4-1/ALDE_00001315/ https://constitution.congress.gov/browse/essay/artI-S1-4-1/A...
Article I, Section 1:
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
By vesting Congress with [a]ll legislative Powers, the Supreme Court has viewed the Legislative Vesting Clause as limiting the authority Congress can delegate to other branches of government or private entities. In general, the Court has held that the legislative power of Congress cannot be delegated.1 In 1935, Chief Justice Charles Evans Hughes, on behalf of the Court, declared that Congress is not permitted to abdicate or to transfer to others the essential legislative functions with which it is thus vested.2 This principle is the basis of the nondelegation doctrine that serves as an important, though seldom used, limit on who may exercise legislative power and the extent to which legislative power may be delegated. In its 2022 decision in West Virginia v. Environmental Protection Agency, the Supreme Court provided further clarity on the nondelegation doctrine, emphasizing that a decision of magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.3