Trace Your Case

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.

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