3 ms·
> E.g., in A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935) the Supreme Court said "Congress is not permitted to abdicate or to transfer to
by throw0101b 2y ago
> E.g., in A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935) the Supreme Court said "Congress is not permitted to abdicate or to transfer to others the essential legislative functions with which it is thus vested." See also J.W. Hampton v. United States, 276 U.S. 394 (1928).
If you want to talk about precedent, 1825:
> It will not be contended that Congress can delegate to the Courts, or to any other tribunals, powers which are strictly and exclusively legislative. [23 U.S. 1, 43] But Congress may certainly delegate to others, powers which the legislature may rightfully exercise itself.
* https://caselaw.findlaw.com/court/us-supreme-court/23/1.html https://caselaw.findlaw.com/court/us-supreme-court/23/1.html
- jessriedel 2y agoRight, Congress can delegate details and implementation, but it can’t delegate basic legislation. That’s obviously a burry boundary, but it’s clear they can’t abdicate their powers in general.