• Can Congress Sub-Delegate Legislative Powers? [No. 86]
    Articles,  Blog

    Can Congress Sub-Delegate Legislative Powers? [No. 86]

    The Constitution of the United States divides up powers of government among different institutions. It vests all legislative powers herein granted in Congress; it vests the executive power in the President and through the President and subordinates within administrative agencies. And it vests the judicial power of the United States in Federal Courts. Question is, what are the contours of that power? If Congress gives certain authority, to the President, to administrative agencies, to courts, for that matter, to private citizens or foreign countries, is there a point at which Congress is giving those other entities the legislative power that the Congress is vested with under The Constitution. That question,…

  • Who Can Properly Be Called a Judge? [No. 86]
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    Who Can Properly Be Called a Judge? [No. 86]

    Article three of the Constitution, vests the judicial power in the federal courts. Other parts of the Constitution define certain attributes of those federal courts. The two most important are, they have tenure during good behavior, sometimes mistakenly called life-tenure it’s tenure during good behavior, they can be impeached and removed for misbehavior. And they also have guarantees against diminishment in salary while in office. Congress doesn’t like the way federal courts are deciding cases, can’t cut their salaries just to punish them for it. So there are certain baked in features that federal courts have to have. So there are plenty of people who act like judges, look like…

  • Thacker v. Tennessee Valley Authority [SCOTUSbrief]
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    Thacker v. Tennessee Valley Authority [SCOTUSbrief]

    Thacker vs. Tennessee Valley Authority is a case about a fisherman who got hurt out on the water. He blames the Tennessee Valley Authority which has supervision over the waterway for causing his accident. The Tennessee Valley Authority was replacing some conductor power lines that stretch over and across the river. One of those lines fell into the water. That obviously creates a hazard for boaters. The TVA knew that. They contact the Coast Guard, which is their emergency protocol. The TVA also has a couple of patrol boats that come in the area. Thacker and Szozda come in at about sixty miles an hour, hit this conductor line that’s…