[Download] "Politics and the Principle That Elected Legislators should Make the Laws." by Harvard Journal of Law & Public Policy * eBook PDF Kindle ePub Free

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eBook details

• Title: Politics and the Principle That Elected Legislators should Make the Laws.
• Author : Harvard Journal of Law & Public Policy
• Release Date : January 01, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 350 KB

Description

After the revolutionaries fought under the banner of "No Taxation Without Representation," the Framers adopted a Constitution that barred any new tax unless a majority of the representatives in a directly elected legislature personally took responsibility for it. (3) This Constitution required legislators to take responsibility not only for tax laws, but all other laws regulating the people, as well as all laws appropriating their money. (4) While Justices who had lived through these events were still on the Supreme Court, the Court in its first delegation case reasoned from the premise, shared by both parties, that it would be unconstitutional for Congress to delegate these legislative powers. (5) The early Congresses did not make a practice of delegating them. (6) The principle that elected legislators should make the laws became a fundamental part of American folklore, where it remains to this day. Imagine the outrage if Congress dared enact a statute that made it a felony for an individual to commit an act that endangers public health, safety, or welfare, such acts to be listed in advance in regulations promulgated by the Attorney General. People would rightly condemn the statute on the ground that laws should come from elected lawmakers. (7)

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