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Essay specific features

 

Issue:

Miscellaneous

 

Written by:

Frederick L

 

Date added:

September 18, 2014

 

Level:

University

 

Grade:

B

 

No of pages / words:

1 / 251

 

Was viewed:

5585 times

 

Rating of current essay:

 
Essay content:

Mistretta was arrested for selling cocaine. Mistretta thought the guidelines were unconstitutional because the sentencing commission was created in violation of the doctrine of separation of powers, and that Congress delegated excessive authority to the commission to structure the guidelines. Issue: Did the Act violate the nondelegation doctrine of the Constitution? Holding: The Court found the act to be valid because even though Congress cannot delegate its legislative power to another branch, the nondelegation doctrine does not prevent Congress from getting assistance from the other branches...
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The test of validity is that an "intelligible principle" must be established by the legislature where the agency of the delegated authority must adhere to specific directives that govern its authority. The delegation to the Commission was sufficiently detailed and specific to meet these requirements...
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