Justice Blackmun Case Analysis

Reasoning: Justice Blackmun delivered the opinion of the Court, joined by all but Justice Scalia (dissent below) and joined by Justice Brennan as to all but Note 11. First, the majority noted the background of sentencing disparities that lead to the Congressional Act at issue here. Turning to the Constitutional questions, the majority considered delegation principles. Under the precedents of the Court, Congress may delegate responsibility so long as the delegation includes an “intelligible principle” to guide exercise of the authority delegated and so long as Congress has not delegated its legislative function. The Court concluded that Congress provided sufficient guidance here, giving the Commission a lengthy list of factors that should influence …show more content…
Citing the long history of separation of powers jurisprudence, emanating from and consistent with Madison’s plan for separate but coequal branches of government, Justice Blackmun explained that the Court would view with suspicion any attempt to shift functions historically and properly undertaken by one branch of government to another. In this case, responding to claims that the Commission unconstitutionally interfered with the independence of the Judiciary by having judges serve and by forcing them to work with non-judges, the Court placed great emphasis on the proper understanding of the role of the Commission and its placement within government structures. While federal judicial operations are limited to cases and controversies, that general understanding is not without exceptions. When, as here, a congressionally created body serves in a judicial rule-making capacity that does not interfere with the prerogatives of other branches, and indeed has Congressional blessing, there is no violation of separation of powers. Furthermore, the Court analogized judicial service on the commission to service in rule-making committees under the various Rules Enabling