Legislative Studies Quarterly · 1995 · 45 citations · 13 references
LawConstitutional LawPublic LawCollective BargainingDelegationSeparation Of PowersCommission StructuresCongressional OversightDelegation Of Legislative PowerLimits On DelegationBargaining Over DelegationCongressional Delegation LimitsDelegation Of DiscretionDelegation Of War PowersMilitary BasesOversight Of Independent CommissionsProcedural Requirements For SeparationRegulatory Power Of Congress
In 1988 Congress established the Independent Commission on Base Realignment and Closure and gave it nearly complete authority to determine which domestic military bases would be closed. I analyze both the structure of the base-closing process and the procedural requirements imposed on the commission, and find that two factors explain the extensive delegation of power (which was unusual). First, legislators reduced the costs of any potential adverse commission activity by insisting that the process be nonarbitrary and by restricting the commission's authority to a narrow jurisdiction. Second, legislators lowered the risk of political retribution by insulating themselves from the commission's actions, providing a mechanism that allowed them to demonstrate concern for affected constituents and insuring that the public would accept the commission's decision as legitimate.
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