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Delegation of Authority: Touby V. United States
Name
Institution
Course
Instructor
Date
, 2
Delegation of Authority: Touby V. United States
The issue of delegation of authority is essential in the legal system and was addressed by
the Court in Touby v. U.S. (Courtlistener, 1991). This essay will identify the problem before the
Court, the legal principle utilized, Court's reasoning plus explanations, ultimate decision, and the
rulings addressed in Touby v. U.S.
Issue
Touby v. U.S. involves the topic of whether or not the federal government may assign its
jurisdiction to a private organization via the use of delegation. It was at issue whether Touby, a
private corporation, should be granted a license to produce banned narcotics by the Drug
Enforcement Administration (DEA) (Courtlistener, 1991). The Court found that the DEA may
provide Touby the license via delegation of power (Fruth, 2014).
The Court followed the rule of law to establish whether the DEA has the jurisdiction to
transfer its authority. The Court ruled that Touby did not need approval from Health and Human
Services’ Secretary to get the license since the DEA had the power to transfer its jurisdiction to
Touby in previous situations of a similar kind (Courtlistener, 1991).
The Court next looked at the specifics of the situation to decide whether or not the DEA
could lawfully transfer power to Touby. In this instance, the Court found that the DEA may
lawfully delegate its powers to Touby based on previous precedents in comparable
circumstances. The Court also considered the case's specifics, ruling that Touby qualified for a
license and that the DEA may issue one without violating any laws.
In the end, the Court agreed with the DEA's position that it could delegate its jurisdiction
to Touby to give the license. After reviewing the DEA's licensing of Touby, the Court ruled that
Delegation of Authority: Touby V. United States
Name
Institution
Course
Instructor
Date
, 2
Delegation of Authority: Touby V. United States
The issue of delegation of authority is essential in the legal system and was addressed by
the Court in Touby v. U.S. (Courtlistener, 1991). This essay will identify the problem before the
Court, the legal principle utilized, Court's reasoning plus explanations, ultimate decision, and the
rulings addressed in Touby v. U.S.
Issue
Touby v. U.S. involves the topic of whether or not the federal government may assign its
jurisdiction to a private organization via the use of delegation. It was at issue whether Touby, a
private corporation, should be granted a license to produce banned narcotics by the Drug
Enforcement Administration (DEA) (Courtlistener, 1991). The Court found that the DEA may
provide Touby the license via delegation of power (Fruth, 2014).
The Court followed the rule of law to establish whether the DEA has the jurisdiction to
transfer its authority. The Court ruled that Touby did not need approval from Health and Human
Services’ Secretary to get the license since the DEA had the power to transfer its jurisdiction to
Touby in previous situations of a similar kind (Courtlistener, 1991).
The Court next looked at the specifics of the situation to decide whether or not the DEA
could lawfully transfer power to Touby. In this instance, the Court found that the DEA may
lawfully delegate its powers to Touby based on previous precedents in comparable
circumstances. The Court also considered the case's specifics, ruling that Touby qualified for a
license and that the DEA may issue one without violating any laws.
In the end, the Court agreed with the DEA's position that it could delegate its jurisdiction
to Touby to give the license. After reviewing the DEA's licensing of Touby, the Court ruled that
