Monday, August 28, 2006

Appropriate Delegation. The International Emergency Economic Powers Act authorizes the President to regulate financial transactions with foreign countries or nationals in a time of security crisis and prescribes criminal penalties for violations of the president's regulations. Osmah Al Wahaidy pleaded guilty to transferring money to Iraq on three occasions in 1999 and 2000 in violation of the regulations enacted pursuant to the Act, but reserved his right to challenge the constitutionality of the Act. He moved to dismiss the indictment, which motion was motion was denied, and he appealed from the order denying the motion, claiming that the Act improperly elegated Congress's authority to define criminal offenses to the executive branch.

The Second Circut held that the delegation was not improper. The Court noted that only twice had a delegation of power been found unconstitutional, even in cases involving criminal offenses.

The decision in United States v. Dhafir can be found here.

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