Editing Administrative Law Breyer/Outline
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 197: | Line 197: | ||
<span style="color:#ff0000;">'''Non-delegation takeaways '''</span> | <span style="color:#ff0000;">'''Non-delegation takeaways '''</span> | ||
*Non-delegation IS still a canon of [[statutory interpretation]], but a weak one | *Non-delegation IS still a canon of [[statutory interpretation]], but a weak one | ||
* | *As cannot cure overly broad delegations from C (''Am. Trucking'') | ||
**C | **C <u>must</u> revise an unconstitutionally broad delegation to enable As to continue their work | ||
*Almost <u>any</u> intelligible principle will suffice, as long as it comes from Congress | *Almost <u>any</u> intelligible principle will suffice, as long as it comes from Congress | ||
*Courts will interpret statutes to find a sufficiently narrow/intelligible grant of legislative power whenever possible → preserves existing As | *Courts will interpret statutes to find a sufficiently narrow/intelligible grant of legislative power whenever possible → preserves existing As |