Download.pdf

9-Hessick-Hessick.pdf
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🔗 Source: wmlawreview.org
📊 Size: 322 KB
👤 Author: Server
⬇️ Downloads: 68

Summary

The Supreme Court's decision in United States v. Booker rendered the United States Sentencing Guidelines advisory, rather than mandatory, to remedy a constitutional defect in the federal sentencing scheme. This decision had the effect of redelegating the power to set sentencing policy from the Sentencing Commission to federal judges, allowing district courts to sentence based on their own policy views. The authors argue that courts should not redelegate power unless authorized by Congress, citing separation of powers concerns and the potential for substantive policy changes. They propose a non-redelegation doctrine, which would presume that Congress intends for delegations of power to be final, unless it explicitly authorizes redelegation.

Description

The Supreme Court's decision in United States v.

Technical Information

  • File Format: PDF
  • File Size: 322 KB
  • Pages: 57
  • Language: EN
  • Author: Server
  • Total Downloads: 68
  • Last Updated: 1 month ago

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