Supreme Court of the United States
Loving v. United States
June 3, 1996517 U.S. 748
Summary
The Court held that Congress constitutionally authorized the President to prescribe aggravating factors governing when a court-martial may impose the death penalty for murder. Articles 18, 36, and 56 of the UCMJ together supplied the delegation, and the President's authority was guided sufficiently by statutory limits, his role as Commander in Chief, and the military context. Justice Thomas, Justice Scalia, and Justice Stevens each concurred in the judgment or in part, principally contesting the majority's historical analysis or reserving questions concerning the application of civilian capital-sentencing rules and service connection to military capital cases.
Holding
- Congress's power to authorize presidential prescription of military capital aggravating factors. Congress may delegate to the President authority to prescribe aggravating factors that limit the circumstances in which a court-martial may impose the death penalty for a military capital offense. The constitutional power to regulate the Armed Forces is not subject to a special nondelegation rule making Congress's authority exclusive.
- Whether Congress delegated authority to prescribe the aggravating factors. Congress exercised its delegation authority through Articles 18, 36, and 56 of the UCMJ, which together clearly authorized the President to promulgate the aggravating factors in RCM 1004.
- Whether the delegation contained an intelligible principle. The delegation was constitutional because the President's discretion was sufficiently bounded by the UCMJ, the nature of the assigned responsibility, the requirement that military regulations be consistent with the Code and recognized criminal-law principles, and the President's independent constitutional authority over military affairs.
Docket 94-1966
Cited authorities
- 10 U.S.C. §§918
- 10 U.S.C. §§918
- 10 U.S.C. § 860
- 1 Stat. 96
- 1 Stat. 121
- 72 Harv. L. Rev. 1
- 12 Stat. 736
- 39 Stat. 664