norml23 - Page 68
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comprehensive fashion with the growing menace of
drug abuse in the United States (1) to providing
authority for increased efforts in drug abL_se
prevention and rehabiJitation of users, (2) to
providing more effective means for Jaw enforcement
aspects of drug abuse prevention and control, and
(3) by providing for an overall balanced scheme of
cdmina[ Penalties for offenses involving drugs.
UoSo Code Congressional and Administrative News, 91st
Congress - Second Session, 1970, page 4567.
That is, even if this dual purpose of the [egisJation passes
constitutional muster, the amalgamation of law enforcement and
reguJatory functions contains important impJications for our federal
system of dual sovereignty, which must be kept carefui{y in mind when
Congress departs, as it has done here, from the tradition that federal
criminaJ Jegis[ation shouJd be "genera[Jy interstitial in its nature, n
See Tribe, American Constitutiona_ Law (t978) at: pgs. 232-244°
B. The Legislation/Regulation Dichotomy
The challenges to the delegation provisions of the CSA which have
been made in every case which defendants could find have been phrased
in terms of the traditionaJ nondeJegation doctrine, whereby Congress
was supposedly forbidden to delegate its _egis_ative functions to the
executive depa_tmento See, e g., United States v. []avis, supra, 564
F.Zd 840, 843; United States v. Pastor, 557 F.2d 930, 936-37 (2d Cir.
1 977). The response of-the Davis court to this challenge was typica]:
The federal courts have _ong held that
Congress may validly provide a criminat sanction
for violation of ruJes or regulations which it has
empowered the President, a cabinet member or an
administrative agency to promulgate. Avent v.
United States, 266 U°S. 127, 130-13I, 45 S.Ct. 34,
69 L.ed. 202 (1924); NcKinJey v. United States, 249
U.S. 397, 399, 39 S.Ct. 324, 63 LEd. 668 (I 919);
United States v. Gdmaud, 220 U.S. 506, 5t 2o51 4, 31
S.Ct. 480, 55 LEd. 563 (1911 ); United States Vo
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