LSTD 2106: CH 1 QUESTIONS WITH VERIFIED
ANSWERS
Match the power with the branch of federal government: - Answers - Judicial power -
Supreme Court
Executive power - President
Legislative power - Congress
Why did Mistretta appeal his 18-month sentence? - Answers - Because he thought the
delegation of power to create sentencing guidelines to the judicial branch of the non-
delegation doctrine
What is the separation of powers principle? - Answers - the separation of power
between the three branches of the federal government
what is the non-delegation doctrine - Answers - the concept that one branch of the
federal government may not delegated its constitutionally granted powers to another
branch
what is the best argument that Mistretta could make that the sentencing guidelines are
unconstitutional? - Answers - The power to enact sentencing guidelines is solely within
the legislative power of Congress
What was the legal rule in Mistretta v. U.S. - Answers - It is not a violation of the non
delegation Doctrine for Congress to seek assistance from another Branch as long as
the delegation was in accordance with common sense, it takes the form of a statue, and
includes Specific Instructions [intelligible principle] to the other branch
Which of the following facts were relevant to the Court's decision? - Answers - Relevant
- before the sentencing reform act, federal court sentencing was very inconsistent
Relevant - the sentencing Reform Act included seven factors for the commission to
consider when establishing the sentencing guidelines
Relevant - Congress had already set maximum substances for Federal Criminal
offenses
Not Relevant - Mistretta pled guilty to one charge in order to have the other two charges
dropped
Not Relevant - cocaine is more dangerous than marijuana
Not Relevant - no one had challenged the sentencing Reform Act before Mistretta
Which of the following facts, if true, may have resulted in the court concluding that the
sentencing guidelines were unconstitutional? - Answers - Congress was becoming too
powerful and exercising its legislative power
ANSWERS
Match the power with the branch of federal government: - Answers - Judicial power -
Supreme Court
Executive power - President
Legislative power - Congress
Why did Mistretta appeal his 18-month sentence? - Answers - Because he thought the
delegation of power to create sentencing guidelines to the judicial branch of the non-
delegation doctrine
What is the separation of powers principle? - Answers - the separation of power
between the three branches of the federal government
what is the non-delegation doctrine - Answers - the concept that one branch of the
federal government may not delegated its constitutionally granted powers to another
branch
what is the best argument that Mistretta could make that the sentencing guidelines are
unconstitutional? - Answers - The power to enact sentencing guidelines is solely within
the legislative power of Congress
What was the legal rule in Mistretta v. U.S. - Answers - It is not a violation of the non
delegation Doctrine for Congress to seek assistance from another Branch as long as
the delegation was in accordance with common sense, it takes the form of a statue, and
includes Specific Instructions [intelligible principle] to the other branch
Which of the following facts were relevant to the Court's decision? - Answers - Relevant
- before the sentencing reform act, federal court sentencing was very inconsistent
Relevant - the sentencing Reform Act included seven factors for the commission to
consider when establishing the sentencing guidelines
Relevant - Congress had already set maximum substances for Federal Criminal
offenses
Not Relevant - Mistretta pled guilty to one charge in order to have the other two charges
dropped
Not Relevant - cocaine is more dangerous than marijuana
Not Relevant - no one had challenged the sentencing Reform Act before Mistretta
Which of the following facts, if true, may have resulted in the court concluding that the
sentencing guidelines were unconstitutional? - Answers - Congress was becoming too
powerful and exercising its legislative power
