Delegation of Legislative Authority by Congress
Delegation of Legislative Authority by Congress Cases In the case of Field v. ... According to the Passport Act of 1926, the Executive was granted the authority to impose area restrictions regarding travel; consequently, Cuba was a restricted area at this time. ... Court of Appeals for the District of Columbia Circuit upheld the actions and authority of the Secretary. ... Whitman, Administrator for the Environmental Protection Agency (EPA) had exceeded the authorized powers in relationship to that position enacting “legislative” policies. ... Each presents an argument regarding unconstitutional congressional delegation of legislative authority to the executive branch. ... 567, which authorized the Executive to determine length and application of tariffs on imported merchandise, violate Article I, secs 1 and 8, which vested the power to levy taxes solely in Congress? Buttfield: Did Congress illegally delegate legislative powers to administrative officers in the Tea Inspection Act, 29 Stat. ... : Was the “Live Poultry Code” “adopted pursuant to an unconstitutional delegation by Congress of legislative power” in granting the Executive discretion regarding application of the National Industrial Recovery Act under sec 3? Carter: Does Congress have the authority to delegate power as stated in subdivision (g) of part 3 of the Bituminous Coal Conservation Act of 1935, where the dissentient minority is subject “to the will of the stated majority”? ... 23 (the Emergency Price Control Act of January 30, 1942) invalid on the grounds that Congress had illegitimately delegated legislative power to the Price Administrator? Kent: Can Congress delegate the authority to the Secretary of State to enact travel restrictions for any substantive reason he chooses, such as political affiliation? ... : Had the Secretary of Labor enacted policies in accordance to the specifications of sec 6 of the Occupational Safety and Health Act of 1970, or had the Secretary exceeded his authorizations as granted by Congress? Whitman: Did Congress illegitimately allocate legislative power to an administrative agency? ... According to the Constitution, Congress was solely granted the power to levy taxes. Clark contended that Congress had acted legitimately within the grants of Constitutional authority in allowing Executive discretion in regards to the imposition of tariffs. ... Clark, the Supreme Court held the Congress should “exercise its discretion in reviving the act…either expressly or conditionally, as their judgment should direct”. Thus, Congress did not unconstitutionally delegate legislative authority to the Executive. In Buttfield, the petitioner argued that Congress, in the tea inspection act, 29 Stat. ... 358, unconstitutionally delegated legislative powers to administrative officers in violation of the Due Process Clause of the Fifth Amendment. Stranahan argued that Congress has the power to regulate commerce with foreign nations with no limitations except those stated in the Constitution. In the interest of public consumer safety and good, Congress has the power to determine what items can be imported and under what conditions those items must be in. ... Stranahan, the Supreme Court held that the tea inspection act was not in violation of the Due Process Clause of the Fifth Amendment and Congress ahs the power to regulate commerce with foreign nations aw well as delegate that authority to the legislative branch. ... Ryan, the Supreme Court held that the Executive Orders made in pursuance of sec 9 of the National Industrial Recovery Act were the result of unconstitutional delegation of legislative authority. ... , petitioners claimed that the “Live Poultry Code” as enacted pursuant to the sec 3 of the National Industrial Recovery Act, was an unconstitutional authorization of power by Congress to the Executive. ... The United States argued that due to emergency circumstances, Congress had legitimately allowed broad interpretation of the statute in order to provide for the general welfare; also, any aspect that pertained to interstate commerce was under the full jurisdiction of Congress. ... , the Supreme Court held that the delegation of legislative power to the Executive by sec 3 of the National Industrial Recovery Act was unconstitutional. Furthermore, the Act itself was unconstitutional in that Congress had exceeded its authority to regulate interstate commerce and had “invade[d] the power reserved exclusively to the States”.