Almost a year ago, we asked, "How much authority can Congress give to the attorney general to effectively write criminal laws?" In Gundy v. United States, a plurality of the Supreme Court has given its answer: as much as Congress wants to give.
By way of background, in Gundy the petitioner argued that Congress had impermissibly delegated its legislative authority by allowing the attorney general to decide whether and how to retroactively apply the Sex Offender Registration and Notification Act of 2006, also known as SORNA. A plurality of the court disagreed finding that the delegation was much narrower.
The petitioner, Herman Gundy, argued that Congress did not say how, when, or even whether the attorney general should make that determination.
Despite this, the Supreme Court has permitted Congress to delegate a great deal of authority to executive branch agencies and officials.
Only twice, in Panama Refining Co v. Ryan and Schechter Poultry Corp. v. United States, has the court prevented Congress from delegating its authority to another branch of government.
In one dissent from his time on the Court of Appeals for the D.C. Circuit, he observed that the Supreme Court has required clear congressional authorization for "Major agency rules," but that's about as close as we get.
It's about respecting the people's sovereign choice to vest the legislative power in Congress alone.
https://www.dailysignal.com/2019/06/21/supreme-court-misses-opportunity-to-stop-congress-outsourcing-its-power/
By way of background, in Gundy the petitioner argued that Congress had impermissibly delegated its legislative authority by allowing the attorney general to decide whether and how to retroactively apply the Sex Offender Registration and Notification Act of 2006, also known as SORNA. A plurality of the court disagreed finding that the delegation was much narrower.
The petitioner, Herman Gundy, argued that Congress did not say how, when, or even whether the attorney general should make that determination.
Despite this, the Supreme Court has permitted Congress to delegate a great deal of authority to executive branch agencies and officials.
Only twice, in Panama Refining Co v. Ryan and Schechter Poultry Corp. v. United States, has the court prevented Congress from delegating its authority to another branch of government.
In one dissent from his time on the Court of Appeals for the D.C. Circuit, he observed that the Supreme Court has required clear congressional authorization for "Major agency rules," but that's about as close as we get.
It's about respecting the people's sovereign choice to vest the legislative power in Congress alone.
https://www.dailysignal.com/2019/06/21/supreme-court-misses-opportunity-to-stop-congress-outsourcing-its-power/
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