CONSTITUTIONAL LAW - DELEGATION OF LEGISLATIVE POWER - AGRICULTURAL MARKETING AGREEMENT ACT

Authors

Edward S. Biggar, University of Michigan Law SchoolFollow

Abstract

The declared policy of the Agricultural Marketing Agreement Act of 1937 was to raise the purchasing power of agricultural commodities and, at the same time, to protect the interest of the consumer. The Secretary of Agriculture was empowered to issue orders which, in his belief, based upon a consideration of evidence introduced at a public hearing, would tend to effectuate this policy. Certain minimum requirements as to the provisions of the orders were imposed. For any order to be effective, it must have been approved by a proportion of the producers of the commodity concerned. Pursuant to the provisions of this act, an order was issued regulating the handling of milk in the New York metropolitan area. In the suit for a mandatory injunction to force compliance with the terms of this order, the defense was raised that the act involved an unconstitutional delegation of legislative power, both to the secretary and to the commodity producers. Held, that the delegation of authority was within reasonable limits and was, therefore, permissible. United States v. Rock Royal Co-operative, Inc., 307 U.S. 533, 59 S. Ct. 993 (1939).

Recommended Citation

Edward S. Biggar, CONSTITUTIONAL LAW - DELEGATION OF LEGISLATIVE POWER - AGRICULTURAL MARKETING AGREEMENT ACT, 38 Mich. L. Rev. 540 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss4/11