Description
Under the constitutional separation-of-powers provisions, laws are enacted by the legislature, administered by the executive, and interpreted by the judiciary. For years, the U.S. Supreme Court has been interpreting this delegation of power, and determining which powers can be delegated, to whom and to what extent. Given the Court’s power to interpret these matters, reflect on how the Supreme Court has set the parameters for the delegation of power. In light of these parameters, can any procedural safeguards be put in place?
For this Assignment, select a U.S. Supreme Court case where the court interpreted delegation of power (constitutional delegation clause). Create a case brief using the Pyle article template. Include in your brief the Bluebook citation for the case.
Submit by Day 6 a 5- to 6-page case brief. Include in your brief what you learned about this case in terms of the interpretation of the delegation of power.
Readings
- Harrington, C. B., & Carter, L. H. (2015). Administrative law & politics: Cases and comments (5th ed.). Washington, DC: CQ Press.
- Chapter 3, “The Constitutional Authority of Agencies” (pp. 84–94)
- Chapter 4, “The Statutory Authority of Agencies”
- Chapter 9, “Enforcement of Administrative Policy
- Harvard Law Review Association, et al. (Eds.). (2015). The Bluebook: A uniform system of citation(20th ed.). Cambridge, MA: Author.
- Rule 10
- Cass, R. A. (2016). Delegation reconsidered: A delegation doctrine for the modern administrative state. George Mason Legal Studies Research Paper No. LS, 16-07. Retrieved from http://www.law.gmu.edu/assets/files/publications/working_papers/LS1607.pdf
- Pyle, C. (1999). How to brief a case. Retrieved from http://www.lib.jjay.cuny.edu/research/brief.html
- Oyez. (n.d.). Retrieved June 27, 2016, from https://www.oyez.org/
- Supreme Court of the United States. (n.d.). Retrieved June 27, 2016, from http://www.supremecourt.gov/
Note: Follow this format for the case brief for your Assignment.
Optional Resources
Explanation & Answer
Attached.
Running Head: CASE BRIEF
1
Case Brief
Name:
Institution:
CASE BRIEF
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Case brief
There is the necessity to establish procedural safeguards regarding the delegation of
power, among the three arms of government that is judiciary, legislature, and the executive.
The American constitution is designed around structures, which intends to limit and hold
accountable all the three arms of government if they step out of their mandate. This article
examines a case brief from the United States Supreme court, where court interpreted
delegation of power.
McCulloch versus Maryland (1819)
Facts of the case
In the case of McCulloch versus Maryland (1819), the Supreme Court expands the
constitutional powers of the national government. Justice John Marshall invokes the
necessary and proper clause and uses it as a basis for enhancing the capabilities of the
national government. The Congress chartered the second United States bank in the year 1816,
and in 1818, Maryland passes laws, which aimed at taxing the bank fifteen thousand dollars a
year, however, the cashier, that is McCulloch, resisted the states attempt to impose a tax on
the bank, resulting to a civil suit. McCulloch sued Maryland in a Supreme Court, chaired by
Justice Marshall.
During the suit, Maryland State argued that the bank was “necessary and proper,”
hence the Congress could make laws to execute their powers. However, Justice Marshall
gave his ruling that although among the enumerated powers of the government, the word
bank is in existence, there are powers to collect the tax, regulate businesses, and also lend
money. In his ruling, Marshall also argues that the powers of the government to tax, should
be within the scope of the constitution, and legitimate, hence Maryland could not tax the
CASE BRIEF
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bank. The Supreme Court also posits that the aim of Maryland’s state, about the power to tax,
was not made in good faith, but was aimed to destroy the bank, which is another state organ.
The court affirms that if the state imposes a tax on one instrument of the government
employed ...
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