Gundy V United States

Non-Delegation Doctrine Update In this Competitive Enterprise Institute article, it is stated that there is a long road ahead to take legislative powers away from U.S Administrative authorities but this U.S. Supreme Court case are taking the next steps towards limitations. Since before the United States was founded, it was understood for centuries that the legislature could not delegate their lawmaking powers by allowing the executive to decide...

Supreme Court rules for sex offender

child pornography case testing power of judges and juries The Supreme Court ruled Wednesday that even sex offenders deserve to have the reasons for their sentences determined by a jury, not a judge. The justices ruled 5-4 that a federal law requiring sex offenders to return to prison based on a judge's new findings is unconstitutional. Supreme Court precedent gives juries, not judges, the power to determine criminal conduct. Associate...

Gundy Case Update

Opinion analysis: Court refuses to resurrect nondelegation doctrine If you have been following this case, Gundy v. United States, here is an excerpt and analysis from SCOTUS Blog : The Supreme Court today refused to resurrect the nondelegation doctrine, the long-dormant principle that Congress cannot transfer its power to legislate to another branch of government. The case, Gundy v. United States, involved a provision of the Sex Offender...

SCOTUS to Decide on Nondelegation Doctrine

The US Supreme Court to rule in Gundy v U.S. Background on this case, — Gundy v U.S — from a November, 2018 American Bar Association article by Trish McCubbin can be read here. W.A.R. president Vicki Henry reports that the U.S. Supreme Court will decide on the merits of this doctrine in Gundy v U.S before the end of June, 2019.

Back to Top