Saleena Meas
Professor Isaacson
9/25/19
Case Number 1:
Congress passed the Emergency Price Control Act stating that it is used “to stabilize prices and
to prevent speculative, unwarranted and abnormal increases in prices and rents.…” Office of Price
Administration, which was authorized to establish maximum prices and rents that were to be “generally
fair and equitable and [were to] effectuate the purposes of this Act.” Convicted for selling beef at prices
in excess of those set by the agency, Stark appeals on the ground that the act unconstitutionally
delegated to the agency the legislative power of Congress to control prices.
Can Stark appeal on the act being unconstitutionally delegated to the agency the legislative
power Congress to control prices?
The act is not unconstitutionally delegated to the agency the legislative power of Congress to
control prices. The decision in this case is dismissed because the agency can give Congress the power to
control prices.
Stark can not appeal on the act being unconstitutionally delegated. The legislative rules are
“issued by an agency having the ability, under a legislative delegation of power, to make rules having the
force and effect of law.” The agency set a fair and equitable price for beef, they did not “exceed the
