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Abstract

Oral Argument: Thursday, March 1, 1928
Decision: Monday, April 9, 1928

Advocates

Not available

Facts of the Case

The Tariff Act of 1922 delegated the authority to set and impose customs duties on articles of imported merchandise. When, under a proclamation of the President, J.W. Hampton & Company was assessed a higher customs duty than was fixed by statute, the company sought relief in the courts.

Question

Did the Tariff Act's delegation of commerce power to the Executive Branch violate the Separation of Powers principle?

Conclusion

In a unanimous decision, the Court held that Congress, within "defined limits," could vest discretion in Executive officers to make public regulations and direct the details of statutory execution. The Court argued that the same principle that allowed Congress to fix rates in interstate commerce also enabled it to remit to a rate-making body under the control of the Executive branch.

Cite this page

The Oyez Project, J.W. Hampton & Co. v. United States, 276 U.S. 394 (1928),
available at: <http://www.oyez.org/cases/1901-1939/1927/1927_242/>
(last visited ).