Delegation and the Constitution

Article Abstract:

The decision of the Supreme Court in Mistretta v. United States upheld the power of Congress to delegate the function of creating laws on federal criminal sentences to an administrative agency. The ruling, a clear reversal of the nondelegation principle contained in the Constitution that has been expressed in three centuries of prior rulings by the Court, is an admission of society's increasing complexity and the inability of Congress to do its job without delegating its power.

Constitutions

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EEOC, Supreme Court open floodgates for disability claims

Article Abstract:

The Supreme Court verdict in Cleveland v. Policy Management Service Corp will allow individuals to claim total disability benefits while arguing that they have been discriminated upon by their employers under the Americans with Disabilities Act (ADA). The decision has effectively nullified the doctrine of judicial estoppel, the principle that has previously prevented getting benefits under the Social Security Disability Insurance while claiming discrimination under the ADA.

Direct Health and Medical Insurance Carriers, Surety insurance, Income Loss Insurance, Disability insurance

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Abdication or delegation? Congress, the bureaucracy, and the delegation dilemma

Article Abstract:

The practice by Congress of delegating its law making powers to the executive branch of government has been opposed on the ground that it is a practice that is prohibited by the Constitution. This belief, which is also known as the 'nondelegation doctrine,' has been used in repeatedly asserting that Congress must write the laws and that giving such powers to administrative agencies of government is tantamount to an abdication of its functions.

Legislative power, Executive power

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