Comments on: Understanding War Powers: Declare vs. Wage http://tenthamendmentcenter.com/2007/05/21/understanding-war-powers-declare-vs-wage/ Concordia res Parvae Crescunt Wed, 22 May 2013 18:19:04 +0000 hourly 1 By: Byron http://tenthamendmentcenter.com/2007/05/21/understanding-war-powers-declare-vs-wage/comment-page-1/#comment-98106 Byron Wed, 07 May 2008 18:40:55 +0000 http://www.tenthamendmentcenter.com/2007/05/18/understanding-war-powers-declare-vs-wage/#comment-98106 You need to cite primary authority. The Supreme Court is the primary authority for these issues, not quotes from founding fathers. The non-delegation has largely been abandoned–meaning congress can delegate its powers. In Mistretta v. U.S., Congress was allowed to charge the US Sentencing Commission (the Executive) with developing sentencing guidelines to assure greater predictability and uniformity because Congress set forth clear goals, sentence maximums, a starting point, and seven specific factors to consider. The test after this case became something like this: Delegation will be struck down only when there is an absence of standards so that it would be impossible to ascertain whether the will of Congress has been obeyed. Congress must provide an “intelligible principle”.
Additionally, in Whitman v. American Trucking Association, Congress was allowed to delegate power to EPA (also the Executive) to set standards for clean air because the standard was sufficiently clear: “requisite to protect the public health,” which the court interpreted to mean “not lower or higher than is necessary to protect the public health with an adequate margin of safety.” This recent case shows that the Court is not inclined to strike down delegated power even when the language is broad. Essentially, whenever Congress chooses to acquiesce, the delegation will pass the test as long as congress keeps some control on the extent and parameters of the delegation.

]]> By: Iran: Avoiding the Real Questions » Tenth Amendment Center http://tenthamendmentcenter.com/2007/05/21/understanding-war-powers-declare-vs-wage/comment-page-1/#comment-35642 Iran: Avoiding the Real Questions » Tenth Amendment Center Mon, 01 Oct 2007 17:30:17 +0000 http://www.tenthamendmentcenter.com/2007/05/18/understanding-war-powers-declare-vs-wage/#comment-35642 [...] So what happens after that? It seems pretty obvious in the age of the “war on terror” doesn’t it? I, like many others, can’t help but expect this to end up in yet another, undeclared, unconstitutional war. (see overviews of war powers and the constitution here, here and here) [...]

]]> By: Dar http://tenthamendmentcenter.com/2007/05/21/understanding-war-powers-declare-vs-wage/comment-page-1/#comment-6793 Dar Thu, 24 May 2007 02:44:26 +0000 http://www.tenthamendmentcenter.com/2007/05/18/understanding-war-powers-declare-vs-wage/#comment-6793 Here is one small (and maybe key) step in restoring correct war powers:

http://www.house.gov/paul/tst/tst2007/tst052107.htm

]]> By: Politics: 2008 HQ » Blog Archive » Understanding War Powers: Declare vs. Wage http://tenthamendmentcenter.com/2007/05/21/understanding-war-powers-declare-vs-wage/comment-page-1/#comment-6121 Politics: 2008 HQ » Blog Archive » Understanding War Powers: Declare vs. Wage Fri, 18 May 2007 22:38:06 +0000 http://www.tenthamendmentcenter.com/2007/05/18/understanding-war-powers-declare-vs-wage/#comment-6121 [...] Original post by Tenth Amendment [...]

]]>