Loving v. United States - 517 U.S. 748, 116 S. Ct. 1737 (1996)

Rule:

The President's duties as Commander in Chief, require him to take responsible and continuing action to superintend the military, including the courts-martial. The delegated duty, then, is interlinked with duties already assigned to the President by express terms of the Constitution, and the same limitations on delegation do not apply where the entity exercising the delegated authority itself possesses independent authority over the subject matter.

Facts:

Petitioner Army private was convicted of murder and felony murder under 10 U.S.C.S. § 918(1), (4) and sentenced to death for the murder of two cab drivers. Petitioner challenged his conviction on grounds that the President did not have the power under the separation of powers doctrine to prescribe aggravating factors. The appellate court affirmed the death sentence, and petitioner sought a writ of certiorari.

Issue:

Did the President have the power to prescribe aggravating factors? 

Answer:

Yes.

Conclusion:

The Court granted the writ and affirmed. The Court held that the President was delegated the power to set penalties for a court-martial under 10 U.S.C.S. §§ 856, 818. The Court reasoned that once delegated that power, the President, acting as Commander in Chief, had undoubted competency to prescribe the factors without further guidance. Therefore, the Court concluded the delegation to the President as Commander in Chief of the authority to prescribe aggravating factors was in all respects consistent with the doctrine of separation of powers, and the promulgation of the aggravating factors in R.C.M. 1004, Manual Courts-Martial was well within the President's authority.