Memorandum Treating of Power of Congress to Authorize the Interstate Commerce Commission to Increase the Percentage of Power Or Train Brakes Used on Trains on Railroads Engaged in Interstate Commerce, and the American Railway Association to Fix the Standard Height of Drawbars for Freight CarsU.S. Government Printing Office, 1908 - 14 стор. |
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act confer adulterated teas American Railway Association Association to Fix Ayer bridge alleged Commission to increase Congress declared Congress to regulate Constitution court delegation of legislative determine some fact direct legislation duty of ascertain enforcement Engaged in Interstate establish uniform standards ex rel executive officers exercise of judgment fire escapes fitness for consumption Fix the Standard free navigation Freight Cars full hearing Gibbons height of drawbars increase the minimum inspector of factories Interstate Commerce Commission involve a discretion judicial power Justice legislative or judicial legislative power legislature minimum percentage obstruction to free Ogden particular bridge pension percentage of power power given power of Congress power or train power to determine power to regulate prescribed provision of section purity question regulate commerce Secretary Secretary of War standard height statute stop the wheels strictly legislative tice tion train braked cars Treasury Union Bridge United UNIV UNIVERSITY OF MICHIGAN unreasonable obstructions vest Wheaton
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Сторінка 6 - We are now arrived at the inquiry, what is this power? It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Сторінка 10 - Indeed, it is not too much to say that a denial to Congress of the right, under the Constitution, to delegate the power to determine some fact or the state of things upon which the enforcement of its enactment depends would be " to stop the wheels of Government" and bring about confusion, if not paralysis, in the conduct of the public business.
Сторінка 5 - To assert that a law is less than a law, because it is made to depend on a future event or act, is to rob the legislature of the power to act wisely for the public welfare whenever a law is passed relating to a state of affairs not yet developed, or to things future and impossible to fully know.
Сторінка 4 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Сторінка 5 - The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend.
Сторінка 4 - That Congress cannot delegate legislative power to the President is a principle universally recognized as vital to the integrity and maintenance of the system of government ordained by the Constitution.
Сторінка 3 - It will not be contended that Congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative. But Congress may certainly delegate to others, powers which the legislature may rightfully exercise itself.
Сторінка 12 - An act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes.
Сторінка 13 - Necessarily, regarding many things, especially affecting local or individual interests, the legislature may act either mediately or immediately. We see, then, that while the legislature may not divest itself of its proper functions or delegate its general legislative authority, it may still authorize others to do those things which it might properly yet cannot understandingly or advantageously do itself. Without this power legislation would become oppressive and yet imbecile.
Сторінка 9 - ... of the Government to remove such unreasonable obstructions to the free navigation of the waterways of the United States as were caused by bridges maintained over them. That such an object was of common interest and within the competency of Congress, under its power to regulate commerce...