Introduction

Question 1

The constitutional limits on Congress’s authority to delegate certain types of power to agencies is called the (blank).

Answer 1

The Non-Delegation doctrine

Question 2

Non-Delegation Doctrine:

The question is whether the statute granting the power to an agency is too (blank)

Answer 2

Too Broad, too much discretion given to agency to use too much power delegated unconstitutionally by congress.

Question 3

Non-delegation doctrine

Constitutional test: congress can delegate quasi-(BLANK) power to an agency/official as long as it gives the agency/official an (BLANK) to follow in exercising that power

Answer 3

quasi LEGISLATIVE powers

give the agency an INTELLIGIBLE PRINCIPLE

Question 4

Rule from Schecter

Answer 4

Congress may not transfer to others the essential legislative functions with with it is vested

Question 5

Factors in favor of having a statute with more indeterminacy

Answer 5

Agency Expertise: agencies have more expertise and experience

Presidential involment is a good thing

Agency has the flexibility to respond to changed circumstances

COngress is subjet to capture by interest groups

Case-by-case basis

Pragmatic/Functional Rationale: for Congress to fulfill its legislative function effectively, it must be able to leave the details up to the agencies (Mistretta)

Question 6

Factors in fave or having a statute with more determinacy

Answer 6

Agencies are subject to capture by interest groups

Congressional democracy

Congressional expertise

Advantages of notice

Question 7

Rule from Mistretta

and holding

Answer 7

When Congress delegates power, it must lay down an “intelligible principle” for the delegated authority to conform to and for courts to use during judicial review.

Holding: Congress’s enumerated detail of the goals, purposes, and factors for the Sentencing Guidelines system is more than a mere “iontelligible principle” so it is a constitutional delegation of power