Amalgamated Meat Cutters v. Connally, 337 F. Supp. 737 (D.D.C. 1971), is a court case decided by the United States District Court for the District of Columbia relating to the limits of the nondelegation doctrine. The district court upheld the delegation of legislative power to the executive branch that was contained in the Economic Stabilization Act. Even though the Act gave a broad grant of legislative power (what opponents called a "blank check"), the court reasoned that discretion of the executive branch would be limited by:
The Amalgamated Meat Cutters (AMC), officially the Amalgamated Meat Cutters and Butcher Workmen of North America, was a labor union that represented retail butchers and packinghouse workers.
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit.
The doctrine of nondelegation is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers. It is usually applied in questions of constitutionally improper delegations of powers of any of the three branches of government to either of the other, to the administrative state, or to private entities. Although it is usually constitutional for executive officials to delegate executive powers to executive branch subordinates, there can also be improper delegations of powers within an executive branch.
- The "broad equity standard inherent in a stabilization program" (i.e. the norms of rule of law and the history and tradition of executive regulation of the economy)
- The practice of "self-narrowing." Specifically, the court believed that once the executive branch developed standards for exercising its discretion, it would be bound by those standards it had previously set.
Federal Courts accepted the principle of self-narrowing for about thirty years. In Whitman v. American Trucking Associations, Inc. (2001), however, the United States Supreme Court, in a decision written by Justice Scalia, specifically overturned the principle of self-narrowing, arguing that "[t]he very choice of which portion of power to exercise ... would itself be an exercise of the forbidden legislative authority." [emphasis original] In both decisions, however, the courts ultimately upheld the grant of discretionary power, thus indicating the continued weakness of the nondelegation doctrine.
Antonin Gregory Scalia was an American lawyer, jurist, government official, and academic who served as an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018.
Panama Refining Co. v. Ryan, 293 U.S. 388 (1935), also known as the Hot Oil case, was a case, in which the United States Supreme Court ruled that the Roosevelt Administration's prohibition of interstate and foreign trade in petroleum goods produced in excess of state quotas, the "hot oil" orders adopted under the 1933 National Industrial Recovery Act, was unconstitutional.
The Economic Stabilization Act of 1970 was a United States law that authorized the President to stabilize prices, rents, wages, salaries, interest rates, dividends and similar transfers. It established standards to serve as a guide for determining levels of wages, prices, etc., which would allow for adjustments, exceptions and variations to prevent inequities, taking into account changes in productivity, cost of living and other pertinent factors.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the writing of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. This United States form of separation of powers is associated with a system of checks and balances.
Clinton v. City of New York, 524 U.S. 417 (1998), is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. The decision of the Court, in a six-to-three majority, was delivered by Justice John Paul Stevens.
United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936), was a decision of the U.S. Supreme Court concerning the foreign affairs powers of the President of the United States.
Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983), was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.
The legislative veto was a feature of dozens of statutes enacted by the United States federal government between approximately 1930 and 1980, until held unconstitutional by the U.S. Supreme Court in 1983. It is a provision whereby Congress passes a statute granting authority to the President and reserving for itself the ability to override, through simple majority vote, individual actions taken by the President pursuant to that authority.
The doctrine of the separation of powers in Australia divides the institutions of government into three branches: legislative, executive and judicial. The legislature makes the laws; the executive put the laws into operation; and the judiciary interprets the laws. The doctrine of the separation of powers is often assumed to be one of the cornerstones of fair government. A strict separation of powers is not always evident in Australia; instead the Australian version of separation of powers combines the basic democratic concepts embedded in the Westminster system, the doctrine of "responsible government" and the United States version of the separation of powers. The issue of separation of powers in Australia has been a contentious one and continues to raise questions about where power lies in the Australian political system.
The unitary executive theory is a theory of US constitutional law holding that the US president possesses the power to control the entire executive branch. The doctrine is rooted in Article Two of the United States Constitution, which vests "the executive power" of the United States in the President. Although that general principle is widely accepted, there is disagreement about the strength and scope of the doctrine. It can be said that some favor a "strongly unitary" executive, while others favor a "weakly unitary" executive. The former group argue, for example, that Congress's power to interfere with intra-executive decision-making is limited, and that the President can control policy-making by all executive agencies within the limits set for those agencies by Congress. Still others agree that the Constitution requires a unitary executive, but believe this to be harmful, and propose its abolition by constitutional amendment.
Whitman v. American Trucking Associations, Inc., 531 U.S. 457 (2001), was a case decided by the United States Supreme Court in which the Environmental Protection Agency's National Ambient Air Quality Standard (NAAQS) for regulating ozone and particulate matter was challenged by the American Trucking Association, along with other private companies and the states of Michigan, Ohio, and West Virginia.
Industrial Union Department v. American Petroleum Institute , 448 U.S. 607 (1980), was a case heard before the United States Supreme Court. This case represented a challenge to the OSHA practice of regulating carcinogens by setting the exposure limit "at the lowest technologically feasible level that will not impair the viability of the industries regulated." OSHA selected that standard because it believed that (1) it could not determine a safe exposure level and that (2) the authorizing statute did not require it to quantify such a level. A plurality on the Court, led by Justice Stevens, wrote that the authorizing statute did indeed require OSHA to demonstrate a significant risk of harm in order to justify setting a particular exposure level.
Yakus v. United States, 321 U.S. 414 (1944), was a decision by the United States Supreme Court which upheld congressional power to fetter judicial review and to delegate broad and flexible law-making power to an administrative agency in this constitutional challenge to the Emergency Price Control Act of 1942. The wartime anti-inflation measure, intended to expedite price control enforcement, conferred on the federal district courts jurisdiction over violations of Office of Price Administration (OPA) regulations made under the act. But judicial power to consider the constitutionality of such regulations was excepted. Congress specified that challenges to their validity be initially reviewed under stringent time limitations by the OPA and on appeal exclusively by a special Article III tribunal in the District of Columbia—the Emergency Court of Appeals—and thereafter by the Supreme Court.
The Treaty Clause is part of Article II, Section 2, Clause 2 of the United States Constitution that empowers the President of the United States to propose and chiefly negotiate agreements between the United States and other countries, which, upon receiving the advice and consent of a two-thirds supermajority vote of the United States Senate, become binding with the force of federal law.
Ashwander v. Tennessee Valley Authority, 297 U.S. 288 (1936), was a United States Supreme Court case that provided the first elaboration of the doctrine of "Constitutional avoidance".
Fettering of discretion by a public authority is one of the grounds of judicial review in Singapore administrative law. It is regarded as a form of illegality. An applicant may challenge a decision by an authority on the basis that it has either rigidly adhered to a policy it has formulated, or has wrongfully delegated the exercise of its statutory powers to another body. If the High Court finds that a decision-maker has fettered its discretion, it may hold the decision to be ultra vires – beyond the decision-maker's powers – and grant the applicant a suitable remedy such as a quashing order to invalidate the decision.
Separation of powers in Singapore is founded on the concept of constitutionalism, which is itself primarily based upon distrust of power and thus the desirability of limited government. To achieve this, the Constitution of the Republic of Singapore splits the power to govern the country between three branches of government – the legislature, which makes laws; the executive, which executes them; and the judiciary, which enforces them. Each branch, while wielding legitimate power and being protected from external influences, is subjected to a system of checks and balances by the other branches to prevent abuse of power. This Westminster constitutional model was inherited from the British during Singapore's colonial years.
In Australia, the doctrine of intergovernmental immunity defines the circumstances in which Commonwealth laws can bind the States, and where State laws can bind the Commonwealth. This is distinct from the doctrine of crown immunity, as well as the rule expressed in Section 109 of the Australian Constitution which governs conflicts between Commonwealth and State laws.
The Emergency Price Control Act of 1942 is a United States statute imposing an economic intervention as restrictive measures to control inflationary spiraling and pricing elasticity of goods and services while providing economic efficiency to support the United States national defense and security. The Act of Congress established the Office of Price Administration (OPA) as a federal independent agency being officially created by Franklin D. Roosevelt on April 11, 1941.
Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association, known as the Railway Servants Case, is an early High Court of Australia case that held that employees of State railways could not be part of an interstate industrial dispute under the conciliation and arbitration power, applying the doctrine of "implied inter-governmental immunities". The doctrine was emphatically rejected by the High Court in the 1920 Engineers' Case, and in 1930 the High Court upheld the validity of an award binding on state railway authorities.
