Among the interesting problems raised by the enactment of state recovery legislation is the problem growing out of the attempted adoption by the states of the codes of fair competition formulated under the authority of the National Industrial Recovery Act. The validity of such state legislation may be questioned in light of the familiar doctrine of non-delegability of legislative power - a doctrine that has been written into the constitutions of both the federal and state governments by judicial determination. Before considering the application of this doctrine to the problem at hand, it will be well to refer to two general types of situations where the doctrine may be applied. A legislature cannot delegate legislative power to another department of the government or to an administrative body; however, it can delegate to an administrative body the function of applying a standard of legislative policy, provided that the legislature defines an adequate standard. A legislature cannot delegate its power by adopting prospective legislation of another state or of the federal government, but it is conceded that adoption by a state legislature of an existing law of another state or of the United States does not violate the doctrine.
Paul G. Kauper,
CONSTITUTIONAL LAW -VALIDITY OF STATE RECOVERY ACTS ADOPTING FEDERAL CODES,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol33/iss4/5