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Jul 31, 2016 · Delegated powers are government powers specifically outlined in the U.S. Constitution. These powers limit what Congress can do, and also define what Congress is in charge of regulating.
delegation of powers, in U.S. constitutional law, the transfer of a specific authority by one of the three branches of government (executive, legislative, and judicial) to another branch or to an independent agency.
- The Editors of Encyclopaedia Britannica
The Federalist No. 45 (James Madison) (The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.
This principle is the basis of the nondelegation doctrine that serves as an important, though seldom used, limit on who may exercise legislative power and the extent to which legislative power may be delegated.
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution.
The extent to which Congress can delegate its legislative powers has been informed by two distinct constitutional principles: separation of powers and due process. A rigid application of separation of powers would prevent the lawmaking branch from divesting itself of any of its power and conferring it on one of the other branches.
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“[A] constitutional power implies a power of delegation of authority under it sufficient to effect its purposes.” 168 Holding that “the delegation of discretionary authority under Congress’s taxing power is subject to no constitutional scrutiny greater than that we have applied to other nondelegation challenges,” the Court explained ...
