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Constitutional Law • Delegation of Powers
CONLAW#026
Legal Definition
Congress has broad power to delegate its legislative power to the executive or legislative branches, so long as intelligible standards are set. It cannot, however, delegate powers uniquely defined to Congress (as set forth in the Constitution), nor can it delegate executive power to itself or its officers.
Plain English Explanation
Congress makes a huge number of laws, so it would be impossible (or at least pretty impractical) for it to handle every detail and aspect of enforcing those laws itself. So Congress is allowed to delegate its general legislative powers to other parts of government. For example, Congress may create a broad environmental law, but delegate authority to the EPA (an agency under the Executive branch) to write specific regulations to implement it.
However, Congress cannot delegate powers that the Constitution specifically assigns to Congress itself, like impeachment or taxing. And when Congress delegates power, it must provide intelligible standards to guide the agency or branch using the power. Vague delegations of power are unlawful.
Additionally, Congress cannot delegate executive power, like prosecutorial discretion or command of the military, to itself or its officers. Executive power belongs only to the executive branch and its agencies.
However, Congress cannot delegate powers that the Constitution specifically assigns to Congress itself, like impeachment or taxing. And when Congress delegates power, it must provide intelligible standards to guide the agency or branch using the power. Vague delegations of power are unlawful.
Additionally, Congress cannot delegate executive power, like prosecutorial discretion or command of the military, to itself or its officers. Executive power belongs only to the executive branch and its agencies.
