The Decline of Congress Powers and the Rise of Presidential Powers - Research Paper Example

The U.S Constitution has enshrined complete legislative authority in the hands of Congress and it has also been clearly mentioned in the Nondelegation Doctrine that Congress under no circumstances can delegate its legislative responsibilities to any other bureau. U.S Constitution Art I, Sec 8 declares conferring all powers in the hands of Congress so that it receives exclusive power of legislation, making laws. In addition to powers enumerated in the hands of Congress, it has other absolute powers of the government by the Constitution.

Though the U.S president is responsible to shield and guard the Laws of the nation and U.S Constitution, he is basically a delegated authority, whose position is very much dependent on the Senate. But the power of Congress is independent and it can never wave its powers off. Earlier, the U.S Supreme Court was quite relaxed over-delegation of the legislative power of Congress but for the first time in Wayman vs. Southard (1825) questions were raised regarding the limits of non-delegation of the powers of Congress.

This time Congress delegated the power to recommend a judicial procedure in the hands of Courts. This decision of Congress was countered on the ground that Congress had, “…unconstitutionally clothed the judiciary with legislative powers.” (NationMaster, 2003) In this case, contemporary Chief Justice of U.S John Marshall held that prescribing judicial procedure rules was completely a legislative function and this decision opened up a new horizon for Congress when it came to further delegation of power.