
Held: Yes.
– This was a proper delegation of Congressional authority -to because the
body receiving the delegation was directed to conform to an “intelligible
principle” set forth by Congress.
– The Act does not violate separation of powers principles. Framers did not
require that the three branches be completely separate and distinct. For the sake
of effective governmental functioning, the branches can and should work together.
– The placement of the commission in the judicial branch is not improper
although the Commission is not a court and cannot be said to exercise judicial
power. This power falls in a gray area between the branches of government and
belongs exclusively to none of them. Under Sibbach v. Wilson & Co. (1941) court
recognized proper conferral of power on the judiciary to promulgate Rules of Civil
Procedure under the Rules Enabling Act of 1934.
– Placement of judges on the Commission is not a violation of separation of
powers doctrine. Individual judges are not forced to serve on the commission.
Does not endanger integrity of the bench.
– President’s power to appoint judges to Commission does not give him power
over the judiciary. Nor does President’s power to remove Commission members grant
him undue power over the judiciary.
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