Reference no: EM133518701

While most authority delegated to an agency is executive in nature, there are times when Congress will delegate additional authorities to an agency. Specifically, this week you learned how Congress has delegated both legislative and judicial authority to agencies and how unique separation of powers issues may arise when Congress does so. As a general rule, an agency's possession of executive authority does not make any separation of powers problems. However, the delegation of legislative and judicial authority may raise separation of powers issues. There are times when a congressional delegation of legislative and judicial authority may violate the Constitution.

The text identified three specific instances where a delegation of authority may violate the Constitution.

1. A delegation may violate the Constitution if Congress has delegated too much of its own authority to an agency.

2. A delegation may violate the Constitution if Congress has delegated its own essential function or an essential function of the judicial branch to an agency.

3. A delegation may violate the Constitution if the delegation gives one branch oversight or control over an agency that is performing the functions of another branch.

Answer the following questions:

1. Do you think the practice of Congress delegating legislative and judicial powers to administrative agencies is appropriate? Explain your answer.

2. Provide an example for each of the three instances discussed above, wherein Congress may violate the Constitution by delegating too much of its own authority to an agency.