The Constitution defines the powers of the executive, legislative, and judicial branches. In Article I of the Constitution, the Delegation Doctrine states that the three branches cannot delegate these powers. For instance, according to the Delegation Doctrine, the legislation cannot delegate law-making functions to non-legislative bodies, such as administrative agencies. But what are law-making functions? How does the court interpret these functions? In the readings this week, you take a closer look at the Delegation Doctrine and how the courts have interpreted it. Then you consider the impact of the Delegation Doctrine and the court’s interpretation of it on the authority of agencies to execute statutes or legislation passed by Congress. Understanding what the legislative branch (i.e. – Congress), can delegate to administrative agencies is particularly important because some statutes passed down by Congress are vague and ambiguous. In these instances, administrative agencies must interpret or determine what Congress meant, and based on this, prescribe rules to carry out the statutes.

To prepare for this Discussion:

• Review the assigned pages of Chapter 3 of the course text, Administrative Law and Politics: Cases and Comments. Think about how the Delegation Doctrine impacts the authority of administrative agencies to execute statutes.
• Review Chapter 4 of the course text, Administrative Law and Politics: Cases and Comments. Focus on the issues that sometimes occur when vague statutes are given to administrative agencies to execute. Pay particular attention to cases and outcomes regarding vague statues.
• Review the course media, “ Administrative Agencies–Authority and Enforcement,” thinking about the implications that result when administrative agencies do not receive the proper resources from Congress to execute statutes (eg. flexibility, financially, staffing, direction, etc…)
• Reflect on the impact of the Delegation Doctrine on the authority of administrative agencies to execute statutes.
• Reflect on your thoughts as to whether Congress and the president should provide specific direction to administrative agencies about the execution of statutes.

With these thoughts in mind:

Post by Day 4 an explanation of how the Delegation Doctrine impacts the authority of administrative agencies to execute statutes. Be specific and use examples to illustrate your explanation. Then explain your thoughts as to whether Congress and the President should provide specific direction to agencies about the execution of statutes. Be specific.

Be sure to support your postings and responses with specific references to the Learning Resources.

Read a selection of your colleagues’ postings.

Respond by Day 6 to at least one of your colleagues’ postings in one or more of the following ways.

• Ask a probing question.
• Share an insight from having read your colleague’s posting.
• Offer and support an opinion.
• Validate an idea with your own experience.
• Make a suggestion.