xt7wwp9t2q46_129 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/mets.xml https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61.dao.xml American Liberty League 37 linear feet archival material English University of Kentucky This digital resource may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Physical rights are retained by the owning repository. Copyright is retained in accordance with U. S. copyright laws. For information about permissions to reproduce or publish, contact the Special Collections Research Center. Jouett Shouse Collection (American Liberty League Pamphlets), No. 132 "Delegation Of Legislative Power To The Executive Under The New Deal: A Study of One Phase of the Administration's Movement Toward a Centralized Government Laying the Foundation for a Potential Dictatorship," August, 1936 text No. 132 "Delegation Of Legislative Power To The Executive Under The New Deal: A Study of One Phase of the Administration's Movement Toward a Centralized Government Laying the Foundation for a Potential Dictatorship," August, 1936 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_132/Am_Lib_Leag_132_001/Am_Lib_Leag_132_001.pdf section false xt7wwp9t2q46_129 xt7wwp9t2q46 A ] O I N * *
THE AMERICAN LIBERTY LEAGUE
* DELEGATION OF
The American Liberty League is organized to defend yi ;·
and uphold the Constitution of the United States and to Q L
gather and disseminate information that (1) will teach ¤
the necessity of respect for the rights of persons and
property as fundamental to every successful form of gov- xi {
ernment and (2) will teach the duty of government to D
encourage and protect individual and group initiative
and enterprise, to foster the right to work, earn, save,
and acquire property, and to preserve the ownership and
_ lawful use of property when acquired. * * *
The League believes in the doctrine expressed by
George Washington in his Farewell Address that while
the people may amend the Constitution to meet condi-
tions arising in a changing world, there must "be no
change by usurpation; for this * * * is the custornary A Study Of One Phase Of the
weapon by which free governments are destroyed. Q · _ _ _ ,
. . 5 Adm1n1st1·at1on s Movement
Since the League is wholly dependent upon the con- Q _
tributions of its members for Hnancial support it hopes Q Toward 3 Centralized Gov-
that you will becozne a contributing member. However, Q ernment Laying the
if you cannot contmbute it will welcome your support as § F d . f P
a non-contributing member. A Q Oun aillgn Or a*h_ O'
tentia ictators 1p
ENROLLMENT BLANK -
"In thirty-fowr months we have built
AMERICAN LIBERTY LEAGUE up new imwuments of Public p<>w¤r"
NATIONAL Pnass BUILDING E D_ Rggggvglt
WASHINGTON, D. C. Q Message to Congress, January 3, 1936
V Date ...................
I desire to be enrolled as a member of the
American Liberty League. v_\·} 4¢
Signature ............. . ........................·.· · E E gl 1
E P c` 0
M o N
Name .......................................... Q
Q Street ........................................... Q
Q) 2
§ Town ‘ i AMERICAN LIBERTY LEAGUE
Q E •·.••»•••••¤••••¤¤•¤•••••¤•¤••¤••••••••••• E
O t NATIONAL PRESS BUILDING
aunt y .......................... State .......... Q WASHINGTON, D. C.
Enclosed iind my contribution of $ .......... * * I
to help support the activities of the League.
D
(132) E Document No. 13,2.
§ August, 1936
D
Delegauon of Leg1slat1ve Power
to the Executwe Under
a the New Deal
l
j Normal relationships among the three coordi-
; nate branches of the Federal Government have
¤ been destroyed under the New Deal.
» V Increased responsibilities of the executive
branch, at the expense of the legislative, form
- one of the distinguishing characteristics of the
i new pattern of government. It represents a dis-
tinct departure from the American form of gov-
ernment prescribed by the Constitution.
First excused under a plea of emergency, the
I extraordinary powers remain in effect, despite
campaign assertions that recovery has been
accomplished. The executive branch persists in
V its efforts to dominate the legislative and to
appropriate its constitutional prerogatives.
While the new regime has given covert encour-
I lagemertt $0 attacksluppn the judicial biéanlch, it
. . . _ as no are open y o propose a cur a1 men
HEN y°" have fimshed wwh this of its power. Under New Deal laws, however,
pamphlet, please pass it on to some ` the lodging of judicial functions in administra-
_ , tive agencies has gone forward at an accelerated
friend o·r acquamtance who mzght be _ path
tmeyested Catttttg his attenttoyt to the Obliteration of the constitutional dividing
’ j lines between coordinate branches lays the foun-
m€mb€°'$MP blank im Page 24= , dation for a potential dictatorship. The destruc-
4 tion of the checks and balances in the normal
§ division of powers is part of a three—fold move-
l ment under the New Deal toward centralized
Q government. The other two phases of this move-
ment, encroachment by the Federal Government
i upon the rights of the States and infringement
Y upon the liberties guaranteed under the Bill of
I Rights, are outside the scope of the present docu-
ment.
A survey of New Deal laws shows no evidence
; of a purpose to relinquish special powers of the
executive branch, except where necessary under
{ decisions of the Supreme Court. Some of the
Q so-called emergency laws are of a permanent
2 character. Others, originally for a limited pe-
; riod, have been extended. Only where it has
5 seemed _advantageous to give a statutory basis
l to agencies established or projects initiated by
§ the Executive without specihc authority of law,
{ has the administration narrowed voluntarily the
1 scope of its emergency activities. In no instance
has a purpose been shown to return to the nor-
4 mal relationship of the executive and legislative
_ 3 branches. In fact, Cabinet members and others
{ 3
a
associated with the administration frankly advo- * been issued by officials to whom the President
cate, in speeches and writings, an alteration of has redelegated power.
the scheme of government to increase the au- 14. Executive power has been used for exper-
thority of the executive branch. I imentation with theories neither sanctioned by
Following are significant facts with respect to Q Congress . nor approved by authorities most
the increased executive authority under the New i competent to pass judgment.
ea : 5
1. Legislative power far beyond any in the j ·
past has been delegated to the executive branch 2 Scperetmn ef Powers V
of the Government in more than a dozen impor- i The purpose of a separation of the powers of
tant laws, virtually all of which, except as nul- Government is to prevent the exercise of auto-
lified by the Supreme Court, remain in effect. , cratic authority by any single unit. The framers
° 2. Control of industry, agriculture and the 1 of the Constitution thus sought to guard against
monetary system have been attempted by execu- too great a concentration of power. Through a
tive agencies along lines uncharted by statute. yl system of checks and balances it was intended
3. Delegation of legislative power to the Ex- . that the three branches, the executive legislative
ecutive has even invaded fields reserved to the j and judicial, each independent and with co-
States under the Constitution. ? ordinate separate powers, should restrain ex-
4. The Supreme Court has been emphatic in r cesses of authority by each of the other two
condemnation of the unrestricted delegation of - branches. Thus the Executive was given the
legislative power in such instances as have power of appointment of judges and the right to
reached a final adjudication. veto acts of Congress. The Congress was author-
- 5. More than 1500 Executive orders with the _ ized to enact the laws to be administered by
force of law have been issued by the President. l the executive branch, to control the funds to be
6. As many as 50 new agencies and bureaus j expended by executive agencies and to impeach
‘ have been created by Executive order to meet y either executive officials or judges. The judiciary
emergency conditions, and more than half of had the right to pass on the constitutionality of
them are still in active operation although New laws enacted by Congress and upon the legality
Deal spokesmen declare the emergency has ‘ of administrative acts of the executive branch.
passed. It is difficult to draw hard an ° -
7. Legislative and judicial powers as well tween the prerogatives of the sereafgee lfxzigfis
have been delegated to regulatory agencies of Government. Courts have upheld the delega-
created or strengthened by laws enacted on the . j tion of legislative power to the executive branch
recommendation of the administration. j when definite limitations are provided. The
8. A huge new payroll, largely exempt from Q practice of delegating legislative power has
civil service and including many important ofii- J steadily increased. According to a report of a
cials for whom no Senate confirmation is re- special committee on administrative law of the
qui1g=zd,t has been established by executive American Bar Association, published in July,
aut ori y. l 1936 there were 19 i ‘
9. Enormous sums, greater than twice the of legislative power tgsleeceeuetixee elflliciealeezefettein
entire annual cost of the Government before the first volume of the Federal statutes coverin 8
depression, have been available to the President l period of about ten years Now accordin gte
to spend at will for public works and work relief. ' the committee the Federai Statutes Sho E 2
j[()_ New projects of an unp1‘€C€d€Ht€d Chai`- l 1 300 separate instances where th W ae me
acter, visionary and impractical, have been { {rite law has been transferred f e pgwer e
entered upon by the Executive without submis- { to the executive branch Of th Gmm eegreee
sion to Congress. l Th · e evemmeuu ,
11. Shocking wastes of public money have » mm Seu§;)§;l;;;erg§€$eHAI§er1eeefBleu Aeeee1a'
taken place, notably in the Passamaquoddy and I Court with TGS ect t 1. gage e e e Supreme
. Florida Ship Canal projects initiated by the Constitution E the Isle} e 1<2¤S1mp<>¤¤d_br@h¤
President and finally stopped by Congress. l Ower f H n_ e e egeueu ef leglsletlvc
12. Political considerations have figured in l P ( ) eleh e °We' _ _
allotments for relief and public works and in l th e b. ere muse be ae adequate deumelfm of
the distribution Of jobs- _ d e sudject to which the delegated power is ad-
13. Thousands of administrative orders, with reege ‘ _
the same force of law as Executive orders, have i ( ) There muee be adequate deel&Y¥=V¤1011 Of a
4 j 5
l
I
l
"policy" or "standard" by Congress to guide the _ _
exercise of the delegated power. plish, without submitting the issue to the people
(c) There must be a requirement of a finding through the normal process of amendment of the
by the administrative agency in the exercise of Constitution, an actual transformation in the
the authority delegated. system of Government.
In general the American system of govern- Following 1S a summary of the more important
ment requires determination of basic policies by laws, enacted during the various years of the
the Congress, a limited amount of administra- p New Deal, which give such discretionary power
tive discretion being allowed to the executive to the executive branch of the Government as to
branch in actions taken under the authority of be for all practical purposes legislative and often
law. j judicial in character:
With respect to borderline cases, a delegation
of legislative power which is so phrased in the j Enactcd in 1933
law as to come within the letter of the Constitu- { _
tion may be as repugnant to its spirit as if it l Natzonal Industrial Recovery Act—The broad
were clearly outside the limitations laid down y authority vested in the President under this law
by the courts. A constitutional principle is was the basis for a large part of the lawmaking
clearly involved in numerous delegations of ‘ by Executive order which took place during the
i legislative power under the New Deal, _regardless “ ti1`St tW0 Y€9»1‘S of the New Deal. Under author-
of whether in particular instances the phrasing 1ty of Executive orders the NRA alone produced
of the law conforms with the technical legal more than 10,000 pages of administrative law in
requirements. a single year according to an estimate of a com-
l\/luch of the so-called administrative law is m1ttee of the American Bar Association. This
in fact executive jaw applied Without the prow;- does not take account of administrative orders
tion of judicial procedure and restraints. It is by numerous other agencies created by Executive
significant that all overlapping of the three co- order under the authority of the same law. The
ordinate branches of the Government under the code-making provisions of the law, which made
New Deal invariably results in greater power the President a dictator for industry, were de-
for the executive at the expense of the legislative clared unconstitutional by the Supreme Court in
or judicial divisions. The record proves this to May, 1935. At the time the decision was given
be a definite trend promoted by the New Deal. leading spokesmen for the administration were
advocating permanent legislation. The law also
created a public works fund from which the
New Deal Laws President has made allotments for all sorts of
Throughout the New Deal there has been a I purp°S€S‘ , _
deliberate purpose to increase the power of the I Emergeneu Banking Act"*U¤d€1` 9~ SBCUQH of
executive branch of the Government, thm, 1aW_ gwmg bI`0f}d POWH to the P1‘€S1d?¤t
In his inaugural address on March 4, 1933, the l durme mm Of War or during any other Period
Pmsident Said. of national emergency declared by the Pres1dent"
_ . the President took the United States off the gold
exliiaiietluhg1g.·§Ei§isll`&luil§$lii°rI§lZ1 b€.l“$}¥01l°f l Standard Wnh°“l° mn 3* diS°“SSi°“ of the q“€S‘
adequate to meet the unprecedentgd tasil; before ug T tum H; Congress' A1th¤¤sh known as an {emu"
But it may be that an unprecedented demand and gelloy law, m0St of 1tS pI‘OV1S1OI1S, including the
need for undelayed action may call for temporary I one under Which the President has appI‘OVed the
d€§"·m}¥€ fmm that ¤<>¤·m=¤1 bal&¤°° °f Public PY0· { entry of the Government into the banking buei-
°€ um ness through the purchase of preferred stock of
In the early days of the administration pro- l banks, have no time limitation.
posals to vest extraordinary authority in the Ex- Agricultural Adjustment Act——Under this act
ecutive encountered relatively little opposition, I broad authority was delegated to the Secretary
the assumption being that the action was purely l of Agriculture until such time as the President
of a temporary character for the period of a j should proclaim the end of the emergency. The
grave emergency. The various laws contained Secretary of Agriculture has issued many admin-
preambles declaring the existence of an emer- g istrative orders with the force of law. Sections
gency. As time went on, however, it became of the law relating to agricultural benefits and
apparent that the administration desired to make l processing taxes were declared unconstitutional
the emergency powers permanent and to accom- j in January, 1936. Other sections are apparently
6 l to be allowed by the President to remain in effect
7
indefinitely, regardless of whether an emergency Server Parellase r‘lee·iFurtner autnerlty to ar-
exists and in spite of unfavorable rulings as to feGt_ economic conditions through monetary
their constitutionality in lower courts. mrrrpulatrvr Was gryen the resldent and the
' Federal Emergency Relief Act-The President Secretary of the Treasury ln thrs laW_ autnerlzlng
was given control over relief policies under this tne Purenase _el an lndennlte Quantity of sllyer
act which created a Federal Emergency Relief at Prlees subleet te their qontrol- {libc delega-
Administration. The origmal act was for a two- tlen of leglslatlye power is not hmrted tc an
year period and subsequently was extended to ernergeney but ls Pr a Permanent eharaeten _
June 30, 1936, by which time relief activities had Recrprvvql Tart}? Aet··ln_tl11s law the P1‘es1·
been shifted to the Works Progress Administra- r dent Was glyen autnerlty, Wltneut the usual 1‘e·
tion and other agencies created by the President l (lulrernent of eengresslenal ratlneatlen» to nege-
uoelel. the Work Rellel Aoll l tiate commercial treatles and change tariff duties
Unemployment Relief ACt__Und€r this eel l under a formula requiring only his oplnion that
providing for the civilian conservation camps, l exrstlng rates unduly burden and 1‘eSt1‘10t _f01‘e{g¤
powers were vested in the President rather_ than trade- llllns unusual deleeatrvn ef rlesrslatrvc
in an administrative organrzation. The original Plenien t e eenstltutlenallty of Whwh has been
law was for a two-year period and was extended e rv rengedz rr lrmrrrd te a tnreejyear Perred
by the Work Relief Act to March 31, 1937. The Wlneh eXp1res June 12, 1937. Nothing has been
President, in his last budget message, announced sara to snew an rntentlen to _abanden the Pfe-
that the civilian conservation camps would there- gram arter tnat date: and rr rr assumed tnat rf
ellel. be regerded as el ¢eee>eee>eee l After launching activities underedhist atetlgritet
stabilization fund. Other parts of the law are the President ln the eeee ef Verleue new e . Y
er a permanent enaraeten The Preerdent used including the Rural Electrification Admeieedleer
hrr_r»¤rh¤rrr>* @0 try wt are Warren arid urrrrr tion the Commodity Credit cor orationle red
which, according to subsequent White House 5 mmferoue pulolle Works 1,e·eele let . d r rr
` admissions, proved fallacious, just as most econ- tory Seoelloo for eenllmleeee e he ellnek state'
omists predicted would be the case. The three- Act has been held by the Genet he er] reener
year period to which adjustment of the gold con- District of Columble le be ue e egeeea s e the
tent of the dollar and use of the stabilization as an improper dele elien efelneelnelena eetn
fund are limited will expire on January 30, 1937. end an invasion of slhe reee eeete .a liere newer
In view of the Presidee1t’s advocalzly of a man- States , rrr rtg s rr tne
aged currency lt wou seem pro able that, if . Exlenelon o N A__ . .
geeeleetedr he Wrn seek permanent dlseretrenary effect various ltegislativelgotrvtetitsrezierceseedltbryetlile
President other than that of code-making, which 'lfationlal Indl1S1;°fiS1tREi°l°VEry EES end in lEhE
was invalidated by the Supreme Court, Congress UOZES EESESYE S lzllg X lg E EXEYEISE ef eueherley
extended the National Industrial Recovery Act ST? ,,5 t°9l‘}§‘ IES E · b ,
from the expiration of its two-year life to April f thE NOV O1 1 (ia? VFLSI escd En SEEEIED Sic)
1, 1936. The President kept NRA personnel on 0 th E. ?l1ۤS" P H .%S me REEEVEIY Act which
the payroll at a cost of about $6,500,000 after &uI_t°;l1zE . E t TE? tent ee pmhlblt HIE trans'
the date of the Supreme Court decision and also pod album 1% ul ESS S E EEmmEI`EE ef Petroleum
perpetuated numerous other agencies created by gg t lf pm uc S m EXEESS ef emeueee Smd by
Executive order under the law. These agencies li E .%WS& . . . h uh , H
subsequently were continued by Executive orders Su n 1 S C EEIZSIED jh t E Et ell _EEjS€ the
based on the Work Relief Act. The sections of prEmE ES > En Enuary 7> 1935: Smil-
the original law creating a public works fund p “If Semen 9(G) were held valid, it would be idle ,
were extended in the Work Relief Act to June 30, ,E?OIgElE;’g‘Ili git pzlgglblgg tlggugofgregifttOofdllgilgeg
1937· · gs law-makinlg function. 'ghe reiiolning 03 the miny
. GCISIOHS WG 3V€ I‘€V1€W€ OU ,
EI18.CC€Cl 111 1936 end _thei_1£ rlistinctgens ?uga;tio1y.hlB12§I]t1elaetl lolfclpizlfg
_ _ OI'I`I11I1 1 S 2l,W-H13. l1'1 lj I
The ew AAA—In the Soil Conservation and at willgand as to such iublileiztguas it€che)§sir;3StSi·acii)slfer
Demegtle Allotment Act, replacing the Seetlens that fl1IlC·ll1OI1 t_o the PI'9Sl(1€11t O1` 0§l1€I‘_O$C€I‘ 0I' to
of the Agricultural Adjustment Act declared un- ?I&I_’lI‘l$Il§g?)l]t‘éE1(l;°i1)l’·thr§hEaI9t?§Sl;‘;“S€;t3§t gffthe
00nSl3ltl1tl0n3l by the Supreme QOUIT, COHQYQSS us, but of the constitutionlal processes ofelegisllgi
delegated to the Secretary of Agriculture leg1sla- tion which are an essential part of our system of
tive powers even broader than under the original 8<>V€1‘¤m€¤t-" I
law: Among other th1ngs_ the Secretary may In the NRA case the Supreme Court, on May
decide how much of the national income shall be 27, 1935, after quoting clauses in the Constitu-
shifted from the urban to the rural population. tion relating to legislative power, said:
rllhlil IS a' permegegt lgw algd IIS an llhlstratlgn "The Congress is not permitted to abdicate or to
o t _e purpose 0 t e ew ea to continue e transfer to others the essential legislative functions
dominance of the executive over the legislative with which it is thus_vested. We have repeatedly
branch Of the Governmgnu recognized the _necees1ty of adalpting legislation _to
Feeee Defeeeeeee Aee ef 19ee‘—Addieie¤el feeds $?p‘}tlf€‘p§°§S€l$32i itltlllttp“ep§E2t°li€§it“&l$e`&i€`
to the amount ef_$1,425,000,000 were made avail- We pointed cut ip the Panama opmpppy case that
able to the President for eXpe11d1tuI‘e IOI‘ any of the Constitution has never been regarded as denying
the purposes authorized under the Work Relief ;‘;1dCp‘;I;%€?§§li€3}}°Wegggsiggi '§Sgl”"2iSt ef flexiblllfiy
S · · · , e a e i o e crm i s
AES UnquESt10n‘S‘b1y¢ lf the NEW DSSI rEma’mS function in laying down policies and rgtablishing
111. pOW€1‘, an extension of _the_Werk Rellel Act standards, while leavin to selected instrumentali-
t
W1 e SOU.g 11 on 1 S €Xp11“3. 1011 11'1 . ies e ma ing o su or ina e ru es wit in pre-
llb htp t t 1937 t_t1p__k r pr t_ 1 ‘1i‘
In addition to the above list there are numer- igglggdtéémgflicylisl%;cg‘;;%Y’%§}e€£%¤IB'; {acts *.0
‘ 1S 3 UPG IS
eee eehee New Dee} lewe leeeedeeme ehe mee to apply. apr we pai app ap pppppppp recognition
of_ Federal aetljflliy In & In3nneI‘ Oull of h&I‘InOny of the necessity and validity pf such provisions, and
with the Amerlenn form ef government because the wide range of admimstratlve authority which has
ef. eeeeeeehmeee eleee Seeeee’ eiehee ee eleee }°p‘i$‘§ddflettiitrftpt€§’;$ip§£i§l‘§“?,2 %i.’;“‘;tpt%.»§§
%1?glllI;g€STI§;€1€;€%;§S l;I';§E§€1?m2gEcIE£li§; to _delega1ée,, if our constitutional system is to be
· II1&1I`1 211116 .
or strengthening regulatory agencies to which . . .
· · · The decision of the Su reme Court 1n the
some legislative power IS delegated but under P . . > ESSE
standards and restrictions with a measure of ef J' Edward Jones US SEEEMZES Emi E”°’l“”9"
d€Hnit€n€SS_ Commzsszon, rendered April 6, 1936, is pertinent
_ , on the question of the usurpation of authority
Court Decisions gvytharlzhixecutéve agency. _The case had to do
i » pro uction and inspection of private
The chief decisions of the Supreme Court af- P?P€I`§· A¤_8»dlI1}n1S’¤Y&’Q1Ve &0l3l0Il Was held in
fecting the delegation of legislative power under V10l&l3l0n _0f lndlvldual rlghts guaranteed by the
New Deal laws and the usurpation of authority C0nS’01@Ul310n· _
by executive agencies have been in the "hot oil" The C0111"6 Saldi
O1' PGTLG/md Company C§»S€ and l·lle_ NRA 0I' _ "'I`he action of the commission finds no support
Scheehllef case, befll Telatlng to pI‘0V1S10nS of the 1n right principle or in law. It 1S wholly unreason-
10 11
able an abi ra . ' 1 t th i re · · · ·
upon wiiiieii iheiycoiiiiiiitiiiiiziiisiii sgieigiiiireiii ciif ipeeiiii oniy in Titie i oi the iitationai indnetiiai Re'
sonal liberty ultimately rest—that this shall be a eovety Act, applying. to mdl1StI`Y H1 general, but
government of laws-, because to the precise extent 1n T1tle II, authorizing an initial fund of $3,300,-
i thageihnttggriowthkgfthg <;fr§;;¤iO?Yan%v;>é]ni?g¤hn°i2?gi 000,000 for the construction of public works. By
iiiiieiiiiii iii ri, sippiiiii iiiii iiiiiniiig law ii ii iis ¤h<>*>m€¤f¤S fm this fund the i°i`eSi‘ient> Wliheur
of human conduct, the government ceases to be one the Spcclhc Sanction of Congress, Paid 9»dm1I1·
of laws and becomes an autocracy. Against the istrative expenses of the NRA and many other
inigeiittggnteileh, aageintihgetrngie thleeeegitgenegrellaititegge emergency agencies, besides using a considerable
constitutional duties in the future, must never cease amount oi it ioii otheii phiipoeee having no i`eia'
to be vigilant, to detect and turn aside the danger tion to publ1c works.
“th%ii?é??’t%wei fm me me of the ¤¤r¤a¤— { pitt`? init? ii}2t‘Seiit“Eri zi tiiiiitttimiitti
tion cannot both exist. They are anta 0n1st1c and t rr . . PG > 2 >
incompatible forces; and one or the other must of to provide Ychcfi Work Ychcf and to 1HOI'€3»S€
necessity perish whenever they are brought into employment by providing for useful projects."
°°¤h1ct·” s The types of projects for which money might be
In the AAA case the United States Circuit used were specified only in the most general way.
Court of Appeals at-Boston held that the author- The President was authorized to create agencies,
ity vested in the Secretary of Agriculture to appoint without regard to the civil service laws
impose processing taxes was an unconstitutional an unlimited number of officers and employees
delegation of legislative power. The Supreme and fix their compensation. Violations of reg-
Court did not go into the question, basin-g its ulations issued under his authority were made
adverse decision on the invasion of the reserved punishable by fines of not to exceed $1,000.
rights of the Stlntele. h A 1 Ad
ongress in ot t e gricu tural justment ‘
Act and the National Industrial Recovery Act, New Agencies Created
as well as in other laws, delegated legislative The creation in peace time of new Govern-
power to the executive branch in fields reserved ment agencies other than by specific action of
to the Statesin the Constitution. Congrleis was regarded, prior to the New Deal,
_ as lg y irregu ar. arious temporar a encies
EXecut1Vc Orders were evohved during the World War iihdgr gen-
Executive orders with the force of law have hienndgtieidoieihtergvfngg mFe%i§wiinr€S1t§higi i' vtegitre
been issued during the New Deal to a greater when new agencies were re need Cen mee
totai than oniing a eimiiai period in anY other insisted upon prescribing the) foiim oi or araiza-
a‘iininieti`atioh· The totai between Maiehv ieeev tion limiting their functions and ersonrhel and
and July, 1936, exceeds 1,500. Of the 1,500 more nxrng Salaries p
than 600 were based on the National Industrial Under the New Dent the erner ene n encies
Reeoveiiy Aet> the hniii oi them having to do have dwarfed the regular deparittmeriits igof the
Eilntthnteggeenghgteghtont oo Were Pietiieateo on Government. About _50 independent agencies
The N¤·’¤i¤¤¤1I¤d¤Siri¤1 Recover Act <=<>¤- 2ii2‘iiri§‘i?§$$“iZ€S’iic$§§iE¥i`t &i2%2ti€iVi“§iii“;$n€§EZ
tained a declaration of policy sufliciently broad ing the Reeeevett edrnnngtretien Seme which
to iinpiy anthoiination oi aiinoet any Piopoeai originally were created by Executive order have
designed for the betterment of industrial condi- been given e nerrnenent etetne by Statute ’SOme
tions. The President was authorized to establish ~ have been merged with ether e enetes end Some
Such agchcics and cppcihh Such ¤fTi<=erS and cm" U abolished. More than 30 ageniies inde endent
Pioyeee and hx then eompeneation as he might of cabinet departments created in one pwa or
find desirable to carry out the policy declared in nnether under the New Dee] remetny in
the act. The President was further authorized ` existence ’
to delegate any of his functions and powers to Serne ef the new agencies were ereeted h EX_
oiheeie and employees appointed by him- Pcnai‘ ecutive order even though s ecial laws oiri the
ties for violations of Executive orders or of rules Subjects in dneetten were engeted hy Congress
ani`} Yiegulatlelte ltfifieii them included hcl? Thus, the National Recovery Administration
on Ythnee hp o n Jai eentenoee hp to SIX was a ereature of the Executive, the National
mtnimgn powers Were Vnngd in the President not Indnstrial Reeovery_ Act vesting in the President
12 entire authority with respect to the form of
13
organization. The original NRA was supplanted and the Export-Import Bank. The statutory
by a board when the President thought more ef- National Labor Relations Board is a successor
flcient administration might be obtained thereby. to a board created origmally by Executive order.
The same law authorized the President tr) ]er%te The; Fearem Cfgdlt Adminifntratione, esnhnzlhdnoeiv has
Fd IE Admtg uic asauory asis was rs esa ise y_n
%Vor€ksemWhii1;rtz(;li3d1lg,7w g§ren§nrgfli1?ri1alOdesig1na- Exeouttvelnrder consolidating a number of exist-
t· r eh- t ·t H d t P · t ing agricu ura agencies.
tbmliuiid thesoregsigilzbgtien Zngviti deletgaterzsdymdf Corporations chartered under laws of the State
his functions and powers under the public works of Dtltwtrt, by =tu’¤h01`i’tY of Executive 01`d€1‘S,
sections or the 1aw to such officers, agents and intludt tht Commodity Credit Corporation, the
employees as he might appoint The Statutgyy Electric Home and Farm _Author1ty, the Publ1c
authorization for the creation of the Federal r ;V0e`%§S egmifgeericy H0l1S11ig (?01`P;epe¤1et·)t_r;>;¤·
C t‘ C b d ` r . W . . . ‘
ee(»;nSr:er§Vgr}O1£;Xe;),{rI;?{,e egfderen eTSj$e€O_ii]'eri?,mte:Z.;i ratrons, farexoeeding authority which might be
Adjustment Administration was created by txtrtrttd dlrtttir by tht Qtrtmmttt tttttd
Statute as a branch er the Department ef Agri, the administration in most instances to change
culture but Congress on not dictate the reno tht ftrrttf trtt¤i¤ttit¤· Tht two ptblit Wtrkt
of organization, the Secretary of Agriculture be- gfeleeiegglggelegefgnd§1ei’1e’reg·Ele·leleIeieCIeIIg1III¥ee‘§ee§£
L‘tgsg1§§£f§§€’i£t§’t2‘°§§L‘iE$2i°Z’F ${33 ‘i§?§S?§fs‘i§S ram Aeneas were given as specific sanction
te ieeue regulations with the reree ef 1aW_ ’ of law, the latter first having been shifted to a
Under the authority of the National Industrial ttrrtrttitt Organized under e Dittritt tf C