tag:blogger.com,1999:blog-3621026.post4201783480262217760..comments2024-03-28T10:25:22.825+01:00Comments on Robert's Stochastic thoughts: Are Platinum Coins Constitutional ?Roberthttp://www.blogger.com/profile/14455788499385673507noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-3621026.post-90106558276288613672013-01-14T02:36:13.526+01:002013-01-14T02:36:13.526+01:00I wonder what an Executive Branch does if Congress...I wonder what an Executive Branch does if Congress can't delegate authority.Jeffrey Davishttps://www.blogger.com/profile/17966839006518642902noreply@blogger.comtag:blogger.com,1999:blog-3621026.post-30804820054135038512013-01-09T19:35:22.621+01:002013-01-09T19:35:22.621+01:00Tribe thinks it's fine:
http://www.washington...Tribe thinks it's fine:<br /><br />http://www.washingtonmonthly.com/ten-miles-square/2013/01/harvard_law_school_professor_l042276.phpAnonymoushttps://www.blogger.com/profile/03235651175700737923noreply@blogger.comtag:blogger.com,1999:blog-3621026.post-33737898007419277782013-01-08T14:21:39.144+01:002013-01-08T14:21:39.144+01:00You raise the Nondelegation Doctrine: no branch ca...You raise the Nondelegation Doctrine: no branch can delegate power to another which the Constitution specifically allocates to the former. The body of decided laws leans to practicality, IOW the "Intelligibility Principle", per Mistretta v. USSCt 1989<br />"...in our increasingly complex society, replete with ever changing and more technical problems, Congress simply cannot do its job absent an ability to delegate power under broad general directives ... [it's] "constitutionally sufficient" if Congress clearly delineates the general policy, the public agency which is to apply it, and the boundaries of this delegated authority ... Only if we could say that there is an absence of standards for the guidance of the Administrator's action, so that it would be impossible in a proper proceeding to ascertain whether the will of Congress has been obeyed, would we be justified in overriding its choice of means for effecting its declared purpose ... Congress has met that standard here. The Act sets forth more than merely an "intelligible principle" or minimal standards. One court has aptly put it: "The statute outlines the policies which prompted establishment of the Commission, explains what the Commission should do and how it should do it, and sets out specific directives to govern particular situations."<br />Title 31 is "Money and Finance". Subtitle II is: "The Budget Process", III is: "Financial Management". IV, where 5112(k) is: "Money", Chapter 51: "Coins and Currency". 5112's "General Authority" is in II: "Denominations, specifications, and design of coins" -- NOT I, "Minting and issuing coins, medals, and numismatic items". 5112 provides specific, tightly defined standards to a wide manner of coinage, and includes specific references to numismatics. (k) is the SOLE exception to the policy of precise valuation of closely defined coins.<br />The argument for this as impermissible: Congress has NOT provided policies and standards for the exercise of the particular power, 31 USC ยง 5112(k), that make it "[--]possible in a proper proceeding to ascertain whether the will of Congress has been obeyed".<br />The converse argument: the courts CAN discern the will of Congress her. If Congress wanted to treat platinum as "numismatic", it would have placed the power found (k) under Sc. I, not II. The courts cannot legislate, nor overrule Congress even for acting foolishly. imprudently, or even just unevenly, and must 'presume regularity', i.e. that Congress intended this effect -- for, if this were a mere drafting error, Congress can act correct it. Congress realized in this world of quantum speed finance, it is, compared to the Treasury Secretary, ill-placed to judge the circumstances under which this power should be exercised and the speed to exercise it effectively, so Congress granted this one coinage power DELIBERATELY without valuation ... because you never know when something screwy might happen, like a crazy majority in the House taking the Debt Ceiling hostage.Anonymoushttps://www.blogger.com/profile/03235651175700737923noreply@blogger.com