Where Congress does not make great and sweeping delegations of its authority, the Supreme Court has been less stringent. One of the earliest cases involving the exact limits of non-delegation was Wayman v. Southard 23 U.S. (10 Wet.) 1, 42 (1825). Congress had delegated to the courts the power to prescribe judicial procedure; it was contended that Congress had thereby unconstitutionally clothed the judiciary with legislative powers. While Chief Justice John Marshall conceded that the determination of rules of procedure was a legislative function, he distinguished between "important" subjects and mere details. Marshall wrote that "a general provision may be made, and power given to those who are to act under such general provisions, to fill up the details." COUNT 6
QSN1 What was one of the first times the Supreme Court tried a case regarding nondelegation? ANS1 Wayman v. Southard QSN2 In what year was Wayman v. Southard tried by the U.S. Supreme Court? ANS2 1825 QSN3 Who was Chief Justice of the Supreme Court when Wayman v. Southard reached the Supreme Court? ANS3 John Marshall QSN4 In Wayman v. Southard, what branch was accused of being given lawmaking abilities by Congress? ANS4 the judiciary QSN5 What is the name of the 1825 case where the supreme court held that congress could delegate their responsibilities to the court? ANS5 Wayman v. Southard QSN6 Who was chief justice of the supreme court under the Wayman v. Southard ruling? ANS6 John Marshall