Outline the limits of the agency''s discretion

Assignment Help Business Law and Ethics

Reference no: EM13887556

This DT is a bit long, so bear with me. There is a question here somewhere. The courts have seriously considered the extent to which Congress can delegate its powers to third parties only in this century. In 1904, the United States Supreme Court first declared that the test of whether a delegation is proper is if Congress establishes ascertainable "standards" that outline the limits of the agency's discretion.

Supreme Court decisions in the 1920s held that Congress could delegate only gap-filling powers to administrative agencies. In other words, Congress would pass a law expressed in general terms, and the agency would fill in the "gaps" by creating regulations to implement the law. This approach was prompted by the perception that Congress's ability to oversee directly the implementation of particular laws is limited and that specialized agencies are better able to regulate areas involving technical questions. The Court extended great deference to such delegations by Congress.

This attitude changed with the 1929 stock market crash and the onset of the Great Depression. The rapid disintegration of the national economy caused the unemployment rate to rise to 25 percent, and bank failures, bankruptcies, and foreclosures became commonplace. Public pressure for government action resulted in the creation of a number of programs designed to jump-start the economy and reverse its deflationary spiral. Foremost among efforts to pump up prices and wages was the National Industrial Recovery Act (NIRA), which gave the president unprecedented powers to manage the economy through the formulation of "fair-competition" codes. These codes would be drawn up by trade or industrial groups and become law on the approval of the president so long as they did not result in the creation of unlawful monopoly power. The question is: Are the legislative and administrative branches of the federal government using federal agencies as a means to expand their powers at a loss to the judicial branch?

Reference no: EM13887556

Questions Cloud

Ef?ciency of transferring energy : If the deformation ef?ciency is 82% and the ef?ciency of transferring energy from the motor to the mill is 85%, what horsepower motor should be used?

Why is given paper important to auditors : Why is this paper important to auditors, and what are the implications of this paper for the auditing profession? Describe the research methodology used as a basis for the conclusions.

Compute their itemized deduction for medical expenses : Mr. and Mrs. Moss, ages 70 and 64, have major medical and dental insurance provided by Mrs. Moss's employer. This year, they incurred the following unreimbursed expenses: Routine office visits to doctors and dentists ...$940 Emergency room visits...4..

Minimize the likelihood of centerline bursts : A high-strength steel bar must be cold-reduced from a diameter of 1.00 in. to 0.65 in. A number of schedules have been proposed. Which of the schedules below would you choose to avoid drawing failure and minimize the likelihood of centerline burst..

Outline the limits of the agency''s discretion : This DT is a bit long, so bear with me. There is a question here somewhere. The courts have seriously considered the extent to which Congress can delegate its powers to third parties only in this century. In 1904, the United States Supreme Court f..

Create sql procedure to print out names and grade of student : Please create a PL/SQL function to return the average grade of students taking a given class in a given year and semester. The input parameters are the class name, year, and semester. Please write an anonymous PL/SQL program to call the function a..

What is pcaobs source of potential violations of pcaob rules : What is the PCAOB's source of potential violations of law or PCAOB rules? What is the PCAOB and what authority does it have to issue disciplinary orders and impose sanctions?

What are the possible remedies available to leho : Lehor is an antique car collector. He contracts to purchase spare parts for a 1938 engine from Beem. These parts are not made anymore and are scarce. To get the contract with Beem, Lehor agrees to pay 50% of the purchase price in advance. On May 1, L..

Philosophical and practical approach for balancing issues : Assignment on Philosophical and Practical Approach for Balancing Issues

User Account

All Pages