Reading Room Document
Outline of Constitutional Defense of the Sentencing Commission Within the Executive Branch
This memo considered whether the Sentencing Commission was placed in the judical or executive branched. It concluded that the Commission was within the executive branch because the promulgation of binding sentencing guidelines was an exercise of delegated legislative power and not a judicial function.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit