Brief Fact Summary. A.L.A. Schechter Poultry Corporation (Petitioners) were convicted in the District Court of the United States for the Eastern District of New York for violating the Live Poultry Code, promulgated under Section:3 of the National Industrial Recovery Act.
Synopsis of Rule of Law. Congress is not permitted to abdicate or transfer to others the essential legislative functions with which it is vested by Article I of the Constitution of the United States.
Issue. Did Congress, in authorizing the “codes of unfair competition” establish the standards of legal obligation, thereby performing its essential legislative function?
Held. No. The code-making authority conferred was an unconstitutional delegation of legislative power. Under Title 1, Section:1 of the Act there was a broad “Declaration of Policy,” and the President’s approval of a code was simply conditioned on his finding that it would “tend to effectuate the policy of this title.” The Act imposed no limitations on the scope of the new laws, and there was a very wide field of legislative possibilities. Dissent. None. Concurrence. The delegated power of legislation was unconfined and vagrant.
But Congress cannot delegate legislative power to the President to exercise an unfettered discretion to make whatever laws he thinks may be needed or advisable for the rehabilitation and expansion of trade or industry.View Full Point of Law