AJ 025 Lecture Notes - Lecture 31: Antonin Scalia, Presentment Clause, Nondelegation Doctrine

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

Concerned about disparities in sentences imposed by federal judges, congress enacted. Sentencing reform act of 1984, creating the u. s sentencing commission. Commission was an independent commission of the judicial branch , creating sentencing guidelines for all federal offenses, to which lower court judges were bound. Commission was to have 7 members, nominated by president and confirmed by. Senate; 3 of the members were to be federal judges, and no more than 4 could be of same party. The commission succeeded, promulgating sentencing guidelines for federal offenses; however, federal courts were not in agreement over the guidelines" constitutionality. 150+ lower court judges found guidelines constitutionally defective, while about. In mistretta, the lower court judge upheld the plan, but john mistretta (who had been convicted of 3 counts of selling cocaine), argued the act violated delegation of powers principles by giving the commission excessive legislative authority. Ruling: 8 (blackmun, brennan, kennedy, marshall, o"connor, rehnquist, stevens, white) to 1 (scalia)