Week Five Discussion
Name
Institutional Affiliations
In the United States of America, continued debates about separation of powers have continued to strike between the Congress and the judicial system. As in the constitution, legislative Powers are granted and vested in the Congress however the language of the constitution restricts the delegation of powers by Congress in two ways; one, is by the use of non-delegation doctrine that constrains Congress form delegating any legislative powers and the second, is the exclusive delegation doctrine, which gives the Congress some exclusion powers to delegate legislative power.
Sensibly, the legislators are not elected by people; thus, in one way or another, they cannot be held accountable for any consequences that might arise by people. Limiting Congress to delegate, gives life to bad laws because it will allow legislators to make ambiguous laws for which they can take credit without taking responsibility for the legal consequences or the costs of these regulations.
Delegation of powers allows Congress to both make the laws and also enforce then for the better needs of their people. They are the direct choice of people; hence Congress can reap the benefits of delegation and its excesses by helping constituents through the complexities that may be caused by Federal regulations.
The delegation also allows powerful special interests to expend substantial resources in private to benefit the few at the expense of the many. Through delegation, Congress can restore the integrity, responsibility, and confidence of the Federal Government by gaining the delegation of powers of legislative. Hence the Supreme Court holds no power to limit Congress in delegating powers to their people.
Cited Works
Kiewiet, D. R., & McCubbins, M. D. (1991). The logic of delegation. University of Chicago Press.
Schoenbrod, D. (2003). Politics and the Principle that Elected Legislators Should Make the Laws. Harv. JL & Pub. Pol’y, 26, 239.