Delegated Legislation in USA: An Overview
Delegated Legislation in the USA: An Overview
What is Delegated Legislation?
Delegated legislation, also known as secondary or subordinate legislation, refers to laws or regulations made by an authority other than the legislature (Congress in the U.S.) but with the legislature’s permission. This delegation allows the executive branch, agencies, or other bodies to make detailed rules and regulations under the framework of the parent statute.
Why is Delegated Legislation Necessary?
Complexity and Expertise: Congress cannot possibly draft every detailed rule or regulation needed to implement laws effectively. Delegated bodies often have technical expertise.
Flexibility: Allows laws to be updated or changed quickly without going through the full legislative process.
Efficiency: Speeds up the lawmaking process by letting specialized agencies handle detailed regulation.
Sources of Delegated Legislation in the U.S.
Administrative Agencies: Federal agencies like the Environmental Protection Agency (EPA), Securities and Exchange Commission (SEC), Federal Communications Commission (FCC), etc.
Executive Orders: Issued by the President under statutory authority.
Rules and Regulations: Detailed provisions created by agencies to implement statutory mandates.
Legal Framework & Control of Delegated Legislation
Delegated legislation must comply with:
The Constitution (especially the separation of powers)
The Enabling Act: The statute passed by Congress delegating the authority.
Judicial review to prevent ultra vires (beyond the powers delegated) actions.
Significant Case Laws on Delegated Legislation in the USA
1. J.W. Hampton, Jr. & Co. v. United States (1928)
Issue: Whether Congress can delegate legislative power to the executive branch or administrative agencies.
Facts: The Tariff Act of 1922 allowed the President to adjust tariff rates. Hampton challenged the constitutionality of this delegation.
Ruling: The Supreme Court upheld the delegation, stating that Congress may delegate legislative authority if it provides an "intelligible principle" to guide the agency.
Importance: This case established the “intelligible principle” standard, which is still the basis for assessing the constitutionality of delegated legislation.
2. Schechter Poultry Corp. v. United States (1935)
Issue: Whether the National Industrial Recovery Act (NIRA) unlawfully delegated legislative power to the President and allowed unconstitutional regulation.
Facts: The NIRA gave the President power to approve "codes of fair competition" for industries. The poultry company was convicted under one of these codes.
Ruling: The Court struck down the delegation, ruling it was an unconstitutional delegation of legislative power as there were no clear standards or limits.
Importance: Reinforced limits on delegation and emphasized the need for clear standards and boundaries.
3. Whitman v. American Trucking Associations, Inc. (2001)
Issue: Challenged the delegation of authority under the Clean Air Act, which authorized the EPA to set air quality standards.
Facts: Trucking associations argued that the EPA's broad discretion in setting air quality standards violated the nondelegation doctrine.
Ruling: The Supreme Court upheld the delegation, reiterating the "intelligible principle" test and stating the EPA was properly guided by the statute.
Importance: Confirmed that broad delegations with guiding principles are constitutional, especially when the agency is expert and technical.
4. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984)
Issue: How courts should review administrative agency interpretations of statutes.
Facts: The EPA’s interpretation of a statute regulating air pollution was challenged.
Ruling: Established the famous Chevron deference: if a statute is ambiguous and the agency’s interpretation is reasonable, courts must defer to the agency’s interpretation.
Importance: This case profoundly impacts how delegated legislation and agency rules are treated judicially, giving agencies broad power in interpreting their enabling statutes.
5. INS v. Chadha (1983)
Issue: Whether Congress’s use of a legislative veto over executive actions violated the separation of powers.
Facts: Congress had a one-house veto over the Attorney General’s suspension of deportation.
Ruling: The Supreme Court held the legislative veto unconstitutional as it bypassed the constitutional process of bicameralism and presentment.
Importance: The case limited Congressional control over delegated legislation by striking down legislative vetoes, affecting how Congress oversees agencies.
Summary of Key Principles from These Cases
| Case | Principle/Rule |
|---|---|
| J.W. Hampton | Intelligible principle test for delegation |
| Schechter Poultry | Limits on delegation; no broad unfettered power |
| Whitman | Broad delegation is allowed with clear guidance |
| Chevron | Courts defer to agency interpretation if reasonable |
| INS v. Chadha | Legislative vetoes unconstitutional |
Conclusion
Delegated legislation is an essential part of the American legal system that allows for flexible, expert-driven rulemaking within the framework set by Congress. While it facilitates efficiency and technical regulation, it is balanced by constitutional limits and judicial oversight to prevent misuse of delegated power.
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