Administrative Authority

Under the constitutional separation-of-powers provisions, laws are enacted by the legislature, administered by the executive, and interpreted by the judiciary. For years, the U.S. Supreme Court has been interpreting this delegation of power, and determining which powers can be delegated, to whom and to what extent. Given the Court’s power to interpret these matters, reflect on how the Supreme Court has set the parameters for the delegation of power. In light of these parameters, can any procedural safeguards be put in place?

For this Assignment, select a U.S. Supreme Court case where the court interpreted delegation of power (constitutional delegation clause). Create a case brief using the Pyle article template. Include in your brief the Bluebook citation for the case.

Submit by Day 6 a 5- to 6-page case brief. Include in your brief what you learned about this case in terms of the interpretation of the delegation of power.

Readings

  • Harrington, C. B., & Carter, L. H. (2015). Administrative law & politics: Cases and comments (5th ed.). Washington, DC: CQ Press.
    • Chapter 3, “The Constitutional Authority of Agencies” (pp. 84–94)
    • Chapter 4, “The Statutory Authority of Agencies”
    • Chapter 9, “Enforcement of Administrative Policy
  • Harvard Law Review Association, et al. (Eds.). (2015). The Bluebook: A uniform system of citation(20th ed.). Cambridge, MA: Author.
    • Rule 10
  • Cass, R. A. (2016). Delegation reconsidered: A delegation doctrine for the modern administrative state. George Mason Legal Studies Research Paper No. LS, 16-07. Retrieved from http://www.law.gmu.edu/assets/files/publications/working_papers/LS1607.pdf
  • Pyle, C. (1999). How to brief a case. Retrieved from http://www.lib.jjay.cuny.edu/research/brief.html
  • Note: Follow this format for the case brief for your Assignment.

    Optional Resources

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