legislative function
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 320 U.S. 81 - Hirabayashi v. United States · 1943Most cited · 2,136 citing opinions
essentials of
The essentials of that function are the determination by Congress of the legislative policy and its approval of a rule of conduct to carry that policy into execution.
How often courts cite the cases defining “legislative function”
Court decisions citing the 2 opinions that defined “legislative function” — 3,212 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1941–1943
- 1941·312 U.S. 126 - Opp Cotton Mills, Inc. v. Administrator of the Wage & Hour Division of the Department of Labor[p32]· cited 1,082×ORIGINAL
The essentials of the legislative function are the determination of the legislative policy and its formulation as a rule of conduct. Those essentials are preserved when Congress specifies the basic conclusions of fact upon ascertainment of which, from relevant data by a designated administrative agency, it ordains that its statutory command is to be effective.