Field v. Clark 143 U.S. 649 (1892)
Author | Leonard W. Levy |
Pages | 1039 |
Page 1039
This is a leading case on the subject of DELEGATION OF POWER. The Tariff Act of 1890 authorized the President to suspend its free-trade provisions indefinitely as to countries discriminating against American products. The Supreme Court held, 7?2, that though the act invested the President with discretion, it did not invest him with " LEGISLATIVE POWER "; Congress had fixed adequate standards for his guidance.
Field is also often cited as a POLITICAL QUESTION precedent. Appellants argued that the enrolled act contained one section that the HOUSE OF REPRESENTATIVES had not passed. The Court refused to examine this question; the act's transmission by the congressional leadership and its enrollment by...
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