The Constitution defines the powers of the executive, legislative, and judicial branches. In Article I of the Constitution, the Delegation Doctrine states that the three branches cannot delegate these powers. For instance, according to the Delegation Doctrine, the legislation cannot delegate law-making functions to non-legislative bodies, such as administrative agencies. But what are law-making functions? How does the court interpret these functions? In the readings this week, you take a closer look at the Delegation Doctrine and how the courts have interpreted it. Then you consider the impact of the Delegation Doctrine and the court’s interpretation of it on the authority of agencies to execute statutes or legislation passed by Congress. Understanding what the legislative branch (i.e. – Congress), can delegate to administrative agencies is particularly important because some statutes passed down by Congress are vague and ambiguous. In these instances, administrative agencies must interpret or determine what Congress meant, and based on this, prescribe rules to carry out the statutes.
To prepare for this Discussion:
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