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Reply #36: How about the sound of Latin: potestas delegata non potest delegari [View All]

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Supersedeas Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 02:23 PM
Response to Reply #5
36. How about the sound of Latin: potestas delegata non potest delegari
This is an ancient maxim of Roman law which roughly translates to "a delegated power must not be redelegated."

Our political system regards the lawmaking power of Congress as a delegation of power to it by the people, it follows that a delegated power must not be redelegated. The main reason for constraining the delegation of power is to preserve accountability. If Congress delegates its policy making authority and cedes its ordinary rules regarding amendment and filibuster to a Super Congress, how could the voting public make government responsive to their wishes on public policy. In other words, implicit in the concern about delegation is not only the value of accountability, but also the concept of legislative authority and creativity in representatives sent to Congress from all parts of the country, not merely to vote up or down on legislation that is not amendable, but where a no vote amounts to triggering some other legislation for which the Congressman also rejected.

Article I,Section I prescribes, "All legislative power herein granted shall be vested in a Congress of the United States...." There is no specific constitutional authority for a legislative super Congress.

While I admit that this may be a bit of a stretch, I didn't want the sound of crickets to start getting under your skin.
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