The Constitution of the United States of America

By Killian, Johnny H.

Book Id: WPLBN0000176407
Format Type: PDF eBook
File Size: 0.6 MB
Reproduction Date: 2008

Title:	The Constitution of the United States of America
Author:	Killian, Johnny H.
Volume:
Language:	English
Subject:	Government publications, Legislation., Government Printing Office (U.S.)
Collections:	Government Library Collection
Historic Publication Date:
Publisher:	Government Printing Office


Citation APA MLA Chicago Killian, J. H. (n.d.). The Constitution of the United States of America. Retrieved from http://self.gutenberg.org/

Excerpt
Excerpt: Article I; Delegation Of Legislative Power: The Effective Demise of the Nondelegation Doctrine The infirm state of the nondelegation doctrine was demonstrated further in Loving v. United States. Article 118 of the Uniform Code of Military Justice (UCMJ) 2 provides for the death penalty for premeditated murder and felony murder for persons subject to the Act, but the statute does not comport with the Court’s capital punishment jurisprudence, which requires the death sentence to be cabined by standards so that the sentencing authority is constrained to narrow the class of convicted persons to be so sentenced and to justify the individual imposition of the sentence. However, the President in 1984 had promulgated standards that purported to supply the constitutional validity the UCMJ needed. The Court held that Congress could delegate to the President the authority to prescribe standards for the imposition of the death penalty- Congress’ power under Article I, S 8, cl. 14, is not exclusive- and that Congress had done so in the UCMJ by providing that the punishment imposed by a court-martial may not exceed ‘‘such limits as the President may prescribe.’’ 5 Acknowledging that a delegation must contain some ‘‘intelligible principle’’ to guide the recipient of the delegation, the Court nonetheless held this not to be true when the delegation was made to the President in his role as Commander-in-Chief. ‘‘The same limitations on delegation do not apply’’ if the entity authorized to exercise delegated authority itself possesses independent authority over the subject matter. The President’s responsibilities as Commander-in-Chief require him to superintend the military, including the courts-martial, and thus the delegated duty is interlinked with duties already assigned the President by the Constitution....

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