Industrial Union v. American Petroleum Institute – Rehnquistdissent

t 1980. Case involved interpretation of OSHAstatute. First provision defined occupational safety and health standards as those “reasonably necessary or appropriate to provide safe or healthful employment.” Second provision required Labor Secretary to “set standard which most adequately assures, to extent feasible, on basis of best available evidence, that no employee will suffer material impairment of health.”

t Plurality concluded that “reasonably necessary or appropriate” language required Secretary to show “significant risk” before undertaking to regulate.

t However, Rehnquistwould have decided case on non-delegation grounds.

n Rehnquistargued that when fundamental policy decisions underlying important legislation about to be enacted are to be made, buck stops with Congress and president insofar as he exercises his constitutional role in legislative process.

n C/A. If Congress is forced to confront “hard choices,” its ability to enact legislation declines and more activity is left unregulated in private sphere.

Ely(Democracy and Distrust)

t Distribution of the franchise and other political rights is irrelevant unless important policy choices are made by elected officials.

t Response to argument that delegation is necessary given complicated policy problems:

n Congress can call on staffs as expert, and Congress is entitled to assistance of executive department’s technical staffs.

n Non-delegation doctrinedoes not require Congress to put more detail in legislation than was feasible. Nondelegation doctrine requires Congress to provide policy direction in its legislation. However, much contemporary legislation lacks policy direction.

Date: 2015-01-02; view: 678