Wayman v. Southard (1825)

In Wayman v. Southard (1825) 23 U.S. 1, Chief Justice Marshall realized the significance of the issue in 1825 when he wrote: "It will not be contended, that Congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative. But Congress may certainly delegate to others, powers which the legislature may rightfully exercise itself. . . . The line has not been exactly drawn which separates those important subjects, which must be entirely regulated by the legislature itself, from those of less interest, in which a general provision may be made, and power given to those who are to act under such general provisions, to fill up the details." Chief Justice Marshall said that in it is a principle, universally recognized, that `in every forum a contract is governed by the law with a view to which it was made.' In that case, among several points certified from the Circuit Court, for the decision of the Supreme court, were the two following: "That, if the statutes of Kentucky, in relation to executions, are binding on this court, viz.: the statute which requires the plaintiff to endorse on the execution, that bank notes of the Bank of Kentucky, or notes of the Bank of the Commonwealth of Kentucky, will be received in payment, or that the defendant may replevy the debt for two years, are in violation of the Constitution of the United States." and "That all the statutes of Kentucky, which authorize a defendant to give a replevin bond, in satisfaction of a judgment or execution are unconstitutional and void." In construing the words of a statute relating to the practice and procedure in suits, the Supreme Court of the United States, per Chief Justice Marshall, held that the clause "the forms and modes of proceeding in suits" to embrace "the whole progress of the suit, and every transaction in it, from the commencement to its termination which does not take place until the judgment is satisfied." The Court said through Chief Justice Marshall, referring to the effect of the last clause of 8 of Art. I of the Constitution, authorizing Congress to make laws necessary and proper for carrying into execution powers vested in any department of the Government: "That a power to make laws for carrying into execution all the judgments which the judicial department has power to pronounce, is expressly conferred by this clause, seems to be one of those plain propositions which reasoning cannot render plainer. The terms of the clause neither require nor admit of elucidation. The Court, therefore, will only say, that no doubt whatever is entertained, on the power of Congress over the subject."