Vesting Clauses

NCLA Brief Asks High Court to Restore Law Forbidding Congress from Divesting Legislative Power

Retrieved on: 
Friday, March 1, 2024
Occupational safety and health, OSHA, Constitution, NCLA, Executive (government), Vesting Clauses, Sixth, Policy, Congress, Supreme court

Congress may not divest to an executive agency legislative power that Article I of the Constitution vests in it, a principle known as the nondelegation doctrine.

Key Points: 
  • Congress may not divest to an executive agency legislative power that Article I of the Constitution vests in it, a principle known as the nondelegation doctrine.
  • The Supreme Court should review the Sixth Circuit’s erroneous decision and deem unrestricted divestment of power impermissible.
  • NCLA’s amicus brief details how the nondelegation doctrine developed to prevent Congress from divesting legislative power to outside parties, but its modern application actually enables constitutional violations, wrongly legitimizing statutes that effectively grant power to the Executive Branch.
  • NCLA released the following statements:
    “The nondelegation doctrine purports to prohibit Congress from delegating any lawmaking power to executive agencies.

U.S. Forest Service Illegitimately Created Crimes, Prosecuted Skier over Instagram Post, NCLA Says

Retrieved on: 
Friday, June 9, 2023
Forest service, Vesting Clauses, Speech, Internet, First Amendment to the United States Constitution, Sixth Amendment, United States Court of Appeals for the Tenth Circuit, Government, First, Lesh, Congress, District court, COVID-19, NCLA, USFS, U.S. Forest Service airtanker scandal, Douglas v. U.S. District Court ex rel Talk America, Constitution, Agriculture

Finally, Lesh’s convictions must be overturned because the regulations USFS promulgated specify criminal violations, a legislative function that is solely Congress’s prerogative.

Key Points: 
  • Finally, Lesh’s convictions must be overturned because the regulations USFS promulgated specify criminal violations, a legislative function that is solely Congress’s prerogative.
  • Mr. Lesh’s Instagram post did not mention Virtika, nor did it promote the company’s products.
  • Mr. Lesh was sentenced to six months’ probation, 160 hours of community service, and a $10,000 fine.
  • The Government is restricting his speech based on its content—the Government does not want people publicizing their activities on Forest Service land.

NCLA Amicus Brief Tells Supreme Court that the ICWA Wrongly Divests Legislative Power

Retrieved on: 
Saturday, June 4, 2022
Vesting Clauses, Congress, Child, Constitution, Commerce Clause, Supreme, The Administrative State, Supreme Court of the United Kingdom, Commerce, GLOBE, Supreme court, NCLA, Law of the United Kingdom, United States Court of Appeals for the Fifth Circuit, Adoption, Movement, ICWA, Clause, Federation, SEC, Fifth Circuit Four, State, Online gambling, Public relations

NCLA is urging the Supreme Court to declare that the Indian Child Welfare Act (ICWA) divests Congresss lawmaking function to an entity outside of the federal government (i.e., Indian tribes), which Article I, Sec.

Key Points: 
  • NCLA is urging the Supreme Court to declare that the Indian Child Welfare Act (ICWA) divests Congresss lawmaking function to an entity outside of the federal government (i.e., Indian tribes), which Article I, Sec.
  • The act purports to delegate authority to Indian tribes to re-write legislative default rules governing adoptive placement of Indian children, which would unlawfully divest Congresss legislative powers.
  • NCLA strongly supports judicial enforcement of the Vesting Clause's constitutional mandate that [a]ll legislative powers ... shall be vested in a Congress.
  • The States of Texas, Louisiana, and Indiana filed suit in district court, seeking a declaration that the ICWA violates the Vesting Clause.