Show the Ae WEEKLY CONS CONSTITUTIONAL S-by S TIT UTI ONAL bIJ MAX BERNS I Making the Rules Rides s I May Congress abdicate or or transfer trans fer its making law power power Article 1 I or of our Constitution gives Congress and Congress only the tha power power to make laws Congress representing the people cannot transfer this power to others But while It must set the limits it it- need not prescribe the details of or ad ad- ministering the law The Supreme Court Interprets this liberally when it declares Wo We have repeatedly recognized the necessity of or adapting adaptIng adapt adapt- ing legislation to complex conditions condi condl Involving o a host of or details with which the national legislature Congress cannot deal dl directly The Constitution has bas never been regarded as denying to Congress the necessary resources of oC flexibility flexibility ity fly and practicality which will enable enable ena ena- ble it to perform its function unction In lay laying ing Lug down policies policies' and establishing standards standards while leaving to selected select select- ed Instrumentalities the making of ot subordinate rules within prescribed limits limit's and the determination of facts to which the policy as declared by bythe bythe bythe the legislature Is to reply In short Congress may leave de de- de- de tails to others But Congress Itself Its ell must set down the rules establish the tho standards prescribe the limits limit and provide the penalties It cannot J I Ian an trans transfer tel these thes essentials of ot lawmaking law law- lawmaking making to on one end man or to a bureau I not directly answerable to the peo pea people people pie In periodic elections as are the members of or Congress c Next Week Speaker of or the House Copyright 1936 by Max Berni Berne |