Just out of curiosity, why would it read "Congress had power to delegate" instead of "Congress had THE power to delegate"?
Just thought this may be of some interest.U.S. Supreme Court wrote:DISTRICT OF COLUMBIA v. THOMPSON CO., 346 U.S. 100 (1953)
346 U.S. 100
DISTRICT OF COLUMBIA v. JOHN R. THOMPSON CO., INC.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No. 617.
Argued April 30, May 1, 1953.
Decided June 8, 1953.
1. Under Art. I, 8, cl. 17 of the Federal Constitution, Congress had power to delegate its lawmaking authority to the Legislative Assembly of the municipal corporation created by the Organic Act of 1871 for the government of the District of Columbia. Pp. 104-110.
a) The power of Congress under Art. I, 8, cl. 17 of the Constitution to grant self-government to the District of Columbia is as great as its authority to do so in the case of territories. Pp. 106-107.
(b) The power of Congress over the District of Columbia relates not only to "national power" but to all the powers of legislation which may be exercised by a state in dealing with its affairs. P. 108.
(c) The Constitution does not preclude delegation by Congress to the District of Columbia of full legislative power, subject to constitutional limitations to which all lawmaking is subservient and to the power of Congress at any time to revise, alter, or revoke the authority granted. Pp. 108-109.
(d) In the provision of Art. I, 8, cl. 17 of the Constitution, empowering Congress "To exercise exclusive Legislation" over the District of Columbia, the word "exclusive" was employed to eliminate any possibility that the legislative power of Congress over the District would be deemed concurrent with that of the ceding states; and it does not make the power nondelegable. Pp. 109-110.
The history of congressional legislation dealing with the District of Columbia begins with the Act of July 16, 1790, 1 Stat. 130, by which the District was established as the permanent seat of the Government of the United States. We need not review for the purposes of this case the variety of congressional enactments pertaining to the management of the affairs of the District between that date and 1871. It is with the Organic Act of February 21, 1871, 16 Stat. 419, that we are particularly concerned.
That Act created a government by the name of the District of Columbia, constituted it "a body corporate for municipal purposes" with all of the powers of a municipal corporation "not inconsistent with the Constitution and laws of the United States and the provisions of this act," and gave it jurisdiction over all the territory within the limits of the District.
Lou, a.k.a. Twodog