zot1 wrote:charlieMF wrote:zot1 wrote:annapach wrote:lol Themis
"Because Congress is vested by Article I with “all legislative powers,” it may not delegate that power to any other branch of government. This principle is known as the “nondelegation doctrine.”
"EXAM NOTE: Because there is almost no limitation on the ability of Congress to delegate to the executive and judiciary branches, an answer choice on the MBE indicating that Congress has “exceeded its power to delegate” is almost always incorrect."
So which one is it?
It's both. Congress technically is bound by the the nondelegation doctrine and cannot delegate its core duties to the executive branch. However, SCOTUS has said as long as they give the agency an "intelligible principle" then they can delegate to a certain point. Over the years the intelligible principal test has been completely watered down, as often happens with SCOTUS doctrines. In modern jurisprudence, the teeth have been completely pulled out of the nondelgation doctrine and no law will ever be struck down for not having an intelligible principal. The one exception might be something like "the goodness and niceness commission" that is just suppose to help promote positive things in the world.
Thanks for explaining that. I knew Congress could delegate, so I was thrown off by the Themis explanation.
No problem! My admin class came in handy for something, finally.