Federal Register

Abstracting a Case

Name of case: Mistretta v. U.S. (1989)

Citation: 488 US 361

Facts: In 1984 Congress created the United States Sentencing Commission, this commission was created in order to set the range for the amount of time that a person could spend in jail for committing a specific federal crime. On December 10, 1987, John M. Mistretta was arrested for selling cocaine. Mistretta thought the guidelines were unconstitutional because the sentencing commission was created in violation of the doctrine of separation of powers, and that Congress delegated excessive authority to the commission to structure the guidelines.

Issue: Did the Act violate the nondelegation doctrine of the Constitution?

Holding: The Court found the act to be valid because even though Congress cannot delegate its legislative power to another branch, the nondelegation doctrine does not prevent Congress from getting assistance from the other branches. The test of validity is that an "intelligible principle" must be established by the legislature where the agency of the delegated authority must adhere to specific directives that govern its authority. The delegation to the Commission was sufficiently detailed and specific to meet these requirements. The Commission was given substantial authority and discretion in setting the guidelines; however, Congress created a hierarchy for federal crimes that the Commission was to use as an outline for its work.

Dissents: Justice Scalia did not agree with the majority. She felt that there was no place within our constitutional system for an agency created by Congress with no powers except to make laws.