POL 117a Lecture Notes - Lecture 5: Nondelegation Doctrine, Sentencing Reform Act, Federal Register

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Scalia dissented, arguing that congress cannot delegate its power. If congress requires agencies to hold hearings, then these hearings require a testimonial record. Courts can look at the record to see if the agency has followed congress"s rules. Register act of 1935 required that all administrative agency rules be published. The apa requires that all rules be published before they are enacted (sec. Formal rulemaking hearings are rare, unlike informal rulemaking. The circuit court can review agency rules through appeals. The case of mistretta concerned the sentencing commission"s ability to make laws pertaining to sentencing limits for certain crimes. Mistretta was a criminal who felt that his sentence under these laws was unconstitutional, because only congress can make laws. The congress had delegated the sentencing commission the power to regulate sentences, because issues had emerged pertaining to similar crimes with different sentences. 1984 created the sentencing commission, which was created to be a body in the judicial branch.

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