Capital Delegation at the Founding:
Scholars @nicholas_bagley @jdmortenson & Nick Parrillo have found broad delegation by Congress to executive officials in the Founding Era.
I stumbled on another example:
The Residence Act, the 1790 statute creating the District of Columbia 1/
Scholars @nicholas_bagley @jdmortenson & Nick Parrillo have found broad delegation by Congress to executive officials in the Founding Era.
I stumbled on another example:
The Residence Act, the 1790 statute creating the District of Columbia 1/
2/ The 1790 statute is here. And it is very short.
It was one of the most contentious debates of the first Congress, and it became part of the famous deal between Jefferson/Madison and Hamilton over assumption of state debt ("The Room Where It Happened").
www2.gwu.edu/~ffcp/exhibit/…
It was one of the most contentious debates of the first Congress, and it became part of the famous deal between Jefferson/Madison and Hamilton over assumption of state debt ("The Room Where It Happened").
www2.gwu.edu/~ffcp/exhibit/…
3/ The statute delegated power to a commission of 3 who "shall under the direction of the President survey, and by proper metes and bounds define and limit a district of territory, under the limitations above mentioned."
Those limitations?
Only this 70-mile span of the Potomac!
Those limitations?
Only this 70-mile span of the Potomac!
4/ The distance along the Potomac from "the mouths of the Eastern branch" to the Connogochegue is 70 miles from Williamsport, MD (near Hagerstown!) to where DC sits now.
There is no "intelligible principle" anywhere in the statute giving any further guidance to the commissioners.
There is no "intelligible principle" anywhere in the statute giving any further guidance to the commissioners.
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