On the recordJanuary 19, 1995
if I may respond, the answer is yes. I do not think it is necessary, but it would not do any damage to the section. Again, I do not want to take too much time, but if you look at the case law here, the real issue is not whether or not we can delegate authority, it is how much authority can we delegate and with what specificity do we delegate. So to the extent that we demand specificity, it increases the prospect that whatever authority is delegated is constitutionally permissible. That is why I said in my colloquy with my friend from Idaho that to the extent that an authorization bill contains such criteria and procedure, specific criteria and procedure, to the extent it does, it does not make it constitutional, it increases the prospects that it will be constitutional. To the extent that it lacks specificity, it diminishes the prospect that it would be held to be constitutional.
Source
govinfo.gov




