Publisher's Synopsis
Excerpt from Commonwealth of Massachusetts, Plaintiff, V. Andrew W. Mellon, Secretary of the Treasury, Et Al;, Defendants: Brief on Behalf of the Association of Land-Grant Colleges, as Amicus Curiae, in Support of Motion to Dismiss Bill of Complaint
It will not be contended that Congress can delegate to the courts, or to any other tribunal powers which are strictly or exclusively legislative. But Congress may certainly delegate to others powers which the legislature may rightfully exercise itself.
In a later case it is said (field v. Clark (1892) 143 U. S. 649, The true distinction is between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring author ity or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Many cases of judicial recognition of this distinction might be collected, of which perhaps the most striking are those re cognizing the validity of the delegation to the Interstate Com merce Commission of the power to fix rates (interstate Com merce Comm. V. Illinois (1910) 215 U. S. 452; Interstate Com merce Comm. V. Chicago R. I. And P. Ry. Co. (1910) 218 U. S. And the delegation to the President of the power to deter mine whether the privilege of free introduction of certain commodities should be suspended. (field v. Clark (1892) 143 U. S.
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