Citizen Advocates for Constitutional Principles

Citizen Advocates for Constitutional Principles

Constitutional Gems - # 647 – 11-25-06

Focusing on the Constitutional - George Sweeney

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. (U.S. Constitution, Article I, Section 1)

This is referred to as the Legislative Vesting Clause. I have often questioned the authority that some agency, such as the EPA or the IRS, has to make policies with the weight of law. Through our history there have been several cases that have addressed this issue before the Supreme Court. In 1928, W. Hampton, Jr. & Co. v. United States the court stated that a "legislative action in not a forbidden delegation of legislative power" if the "Congress shall lay down by legislative act an intelligible principle to which the person or body [to whom power is delegated is directed to conform."
Question: Do you think the wording of the Constitution allows for delegation of legislative powers?
To what extent can this delegation go?

Send us your thoughts on delegation of legislative power.

Principle of Good Government # 22: – Donald Conkey
“A free people should be governed by law and not by the whims of men.” Dr. Skousen wrote: “To be governed by the whims of men is to be subject to the ever-changing capriciousness of those in power. This is ruler’s law at its worst. In such a society nothing is dependable, no rights secure, with everything established in a constant state of flux. Nothing becomes fixed and predictable for the future.” The Founders, and their forbearers, had a different viewpoint. They defined law as a “rule of action” which was intended to be as binding on the ruler as it was on the people. John Locke wrote, “Freedom of men under government is to have a standing rule to live by, common to everyone of that society, and made by the legislative power erected in it.” The 2006 election reiterated this principle.
Source: Skousen’s 5000 Year Leap - p. 243 - 244

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