Open Access Kent State (OAKS)

Over the last 100 years, you have been losing your voice simply for the sake of political convenience. Our Congress is delegating much of its power to the Executive Branch, threatening the Separation of Powers. The Supreme Court, unwilling to address the issue, adopted the Intelligible Principle Test without addressing the constitutionality of the delegation of power. This presentation explains the Judicial History which allowed Congress to delegate away its power. It provides proposed solutions to weaken Congress’ ability to delegate away our voice and to allow us to hold Congress accountable for controversial decisions they would rather delegate away.

Over the last century the United States, on a federal level, has moved away from the original interpretations of the United States Constitution in legislation and judicial review. This presentation will highlight the comments of authors of the United States Constitution as to the powers of the Federal Government and the abilities afforded to it to in order to maintain the republic. I will highlight cases specifically from the New Deal Era, and a more modern example, McDonnel v. United States. I will compare the language of the court opinions, briefs, and sponsors to those of the authors of the Constitution.