What is formalism?	An approach to the separation of powers that holds that the Constitution creates clear boundaries between and among the three branches bestowing on each a primary power. Unless the Constitution clearly permits it, deviation from this allocation of power should not be allowed.
What is functionalism?	An approach to the separation of powers that rejects strict divisions among the branches and instead emphasizes a fluid system of shared powers. The functional approach holds that the separation of powers doctrine should only prohibit excessive accumulations of power by one branch of government over the other two branches.
What is the intelligible principle doctrine?	A doctrine used to evaluate the constitutionality of the delegation of legislative power to the executive or judicial branch. It holds that the Constitution permits Congress to pass legislation declaring a general regulatory policy and to authorize the executive (or judicial) branch to impose specific rules or take specific actions consistent with that policy.
What is a legislative veto?	A practice whereby Congress grants the president the discretionary authority to take actions or make policy, but retains the right to cancel such presidential actions if Congress has objections to them. This ''veto'' may be exercised by either house of Congress or even by an appropriate congressional committee. The Supreme Court held the legislative veto unconstitutional in INS v. Chadha (1983).

What did the Supreme Court hold in Mistretta v. United States (1989)?	The Court upheld the Sentencing Reform Act because the non-delegation doctrine does not prevent Congress from obtaining assistance from coordinate Branches. The test of validity is that an "intelligible principle" must be established. Here, the delegation to the Commission was sufficiently detailed and specific to meet these requirements.
What did the Supreme Court hold in Immigration and Naturalization Service v. Chadha (1983)?	Congress had passed an immigration statute that included a provision for a legislative veto with a simple majority vote. In 1983, the Supreme Court declared the Act to be unconstitutional because the Constitution requires Presidential approval before an act of Congress can become law, moreover, both Houses of Congress must pass a bill before it is presented to the President.
What did the Supreme Court hold in Bowsher v. Synar (1986)?	The Court struck down the Gramm-Rudman-Hollings Act as an unconstitutional usurpation of executive power by Congress because the law empowered Congress to terminate the United States Comptroller General for certain specified reasons.
What is the delegation of powers?	The ability of Congress to delegate its lawmaking powers to others.

What is the nondelegation doctrine?	Legal rules that set limits on the ability of Congress to delegate its lawmaking powers to others.
Define delegata potestas non potest delegari.	Latin maxim: "A power once delegated cannot be redelegated."
What did the Supreme Court hold in Hampton & Co. v. U.S. (1928)?	Congress may delegate its legislative authority to an executive branch agency so long as it provide an "intelligible principle" to guide the executive branch's use of delegated powers.
What did the Supreme Court hold in Panama Refining Co. v. Ryan (1935)?	The Court struck down the Roosevelt Administration's attempt to regulate the oil industry as part of New Deal economic recovery efforts. The Act at issue was an unconstitutional delegation of legislative power because it allowed the executive branch to regulate trade without defining intelligible criteria for doing so.

What did the Supreme Court hold in Schechter Poultry v. U.S. (1935)?

The Court struck down the Roosevelt Administration's attempt to regulate the poultry industry as part of New Deal economic recovery efforts. The Act at issue was an unconstitutional delegation of legislative power because it allowed the executive branch to regulate the poultry industry without defining intelligible criteria for doing so. (The Court also held that the Act was not a valid regulation of interstate commerce).