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Delegation Of Legislative Authority By Congress

3299 words - 13 pages

Delegation of Legislative Authority by CongressCasesIn the case of Field v. Clark, 143 U.S. 649, petitioner, Marshall Field & Co., et al., was subjected to taxes on imported merchandise under the tariff act approved October 1, 1890 (26 Stat. 567, c. 1244). Field & Co. claimed this was unconstitutional, and filed suit against the collector of the port of Chicago (J. M. Clark) to recover duties. The Circuit Court of the United States for the Northern District of Illinois upheld the provisions of the act. Field then appealed to the U.S. Supreme Court.In the case of Buttfield v. Stranahan, 192 U.S. 470, plaintiff in error, Buttfield, sued collector of the Port of New York, Stranahan, in the Supreme Court of the State of New York, to recover damages for "the alleged wrongful seizure, removal, and destruction of the tea". The tea in question had been rejected as "inferior to standard quality" based upon the tea inspection act (29 Stat. 604, c. 358) passed on March 2, 1879. The Supreme court of the state of New York did not rule in favor of the plaintiff in error. The case was directed to the 2nd Circuit Court of Appeals for the Southern district of New York and then to the Supreme court of the United States.In the case of Panama Refining v. Ryan, 293 U.S. 388, the Executive was authorized under sec 9 (c) of the National Industrial Recovery Act to prohibit the "transportation of interstate and foreign commerce of petroleum". Violation of such an order carried the potential of criminal prosecutions. The Texas based Panama Refining Company sued in order to restrain those carrying out the Executive Order, stating it was in violation of the Due Process Clause of the Fourteenth Amendment. The District Court commanded that federal officials in Texas could not enforce the orders.In the case of Schechter Poultry v. United States, 295 U.S. 495, operators of the Schechter Poultry Corp. and Schechter Live Poultry Market were tried and convicted in the District Court of the United States for the Eastern District of New York, under the "Live Poultry Code". The "Live Poultry Code" was an administrative act of the Executive made in pursuance to sec. 3 of the National Industrial Recovery Act of June 16, 1933. The code was only effective in the "metropolitan area in and about the City of New York". The Circuit Court of Appeals upheld the convictions.In the case of Carter v. Carter Coal Co., 298 U.S. 238, Carter, stockholder and president of the Carter Coal Company, filed suit in the Federal District Court of the District of Columbia claiming that the Bituminous Coal Conservation Act of 1935, 49 Stat. 991, c. 824, was unconstitutional. The Bituminous Coal Conservation Act regulates working conditions of coal miners, imposes an excise tax, and fixes the price of coal sold by mining corporations. As stated in the opinion, "The trial court found that the labor provisions of the Act and Code were unconstitutional, but that the price-fixing provisions were valid, and...

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