Category: Executive Law Making American Position

ISSUE:

Whether the district court erred in dismissing National Broadcasting Co.’s actions to enjoin the FCC from regulating chain broadcasting practices?

RULE:

The criterion governing the exercise of the Federal Communications Commission's licensing power is the public interest, convenience, or necessity. In addition, the Communication Act section 307(b) directs the Federal Communications Commission that, in considering applications for licenses and modifications and renewals thereof, when and insofar as there is demand for the same, such distribution of licenses, frequencies, hours of operation, and of power among the several states and communities shall be made as to provide a fair, efficient, and equitable distribution of radio service to each of the same.

ISSUE:

Was the Tariff Act of 1890 unconstitutional?

RULE:

The signing by the Speaker of the House of Representatives, and by the President of the Senate, in an open session, of an enrolled bill, is an official attestation by the two houses of such bill as one that has passed Congress.

It is a declaration by the two houses, through their presiding officers, to the President, that the attested bill, has received, the sanction of the legislative branch of the government, and that it is delivered to him in obedience to the constitutional requirements.

When a bill, thus attested, receives his approval, is deposited in the public archives and is deemed passed.

ISSUE:

Was the delegation of power to the President under Section 9(c) of the National Industrial Recovery Act an unconstitutional delegation of legislative power?

RULE:

There are limits of delegation that there is no constitutional authority to transcend. Although the Constitution has never been regarded as denying to Congress the necessary resources of flexibility and practicality, Congress is forbidden to delegate the essential legislative functions which it is vested by Article I, Section:1 and Article I, Section:8 of the United States Constitution.

ISSUE:

Is the Live Poultry Code and conviction valid?

Did Congress, in authorizing the “codes of unfair competition” establish the standards of legal obligation, thereby performing its essential legislative function?

RULE:

The Congress is authorized to make all laws which shall be necessary and proper for carrying into execution" its general powers given in U.S. Constitution. Art. 1, & 8, Para. 18. The Congress is not permitted to abdicate or to transfer to others the essential legislative functions with which it is thus vested. Congress is not permitted to abdicate or transfer to others the essential legislative functions with which it is vested by Article I of the Constitution of the United States.