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When legislative power is delegated to the executive. When legislature while in acting delegated its powers to the executive is called quasi legislative functions.

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Q: What is meant by quasi legislative functions and how they differ from purely legislative functios?
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Continue Learning about American Government

Is the non delegation doctrine rooted in federalism policies?

Techinically, no. Federalism deals with the vertical structuring of power within the US government. Non-delegation doctrine is rooted in the Separation of Powers (5th grade civics on checks & balances). Separation of Powers and Federalism issues are often confused because Sep of Powers deals with horizontal separation of powers (i.e., what authority the legislature has that the executive or judicial do not) where Federalism deals with the vertical separation of powers (i.e., whether the Fed has the constitutional authority over a matter or if it is something that is purely a state issue). The non-delegation doctrine basically holds that the executive branch cannot perform legislative functions but there's a lot of grey area there... if you look at the Treasury Dept or the SEC (securities and exchange commission), for example, they both perform quasi-legislative functions but are part of the executive branch. The basic reason why these two executive agencies (and many more!) do not violate the non-delegation doctrine is due to the degree of oversight that Congress has over them and the role Congress plays in appointments and removals of key personnel within these organizations. I hope that answers your question.


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