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“express delegations.” Chevron, 467 U.S. at 844 n.12. But look
at the statutes involved
! 42 U.S.C. � 607(a): whether a child “has been
deprived of parental support or care by reason of
the unemployment (as determined in accordance with
standards prescribed by the Secretary),” Batterton
v. Francis, 432 U.S. 416, 419 (1977);
! 42 U.S.C. � 1396a(a)(17)(B): “taking into account
only such income and resources as are, as
determined in accordance with standards prescribed
by the Secretary, available to the applicant,”
Schweiker v. Gray Panthers, 453 U.S. 34, 43-44
(1981);
! Communications Act of 1934, � 200: “The
Commission may, in its discretion, prescribe the
forms of any and all accounts, records, and
memoranda,” AT&T v. United States, 299 U.S. 232,
235 (1936); and
! 25 U.S.C. � 9: “The President may prescribe such
regulations as he may think fit for carrying into
effect the various provisions of any act relating
to Indian affairs, and for the settlement of the
accounts of Indian affairs,” Morton v. Ruiz, 415
U.S. 199, 231 n.25 (1974).
The first two delegations are the kind that tax lawyers
would say lead to “legislative” regulations--they are delegations
of authority to fill in a gap in one particular section of a
statute. But the second two delegations are entirely as broad as
section 7805(a)’s power to make “all needful rules and
regulations under this title.”
To make the contrast sharper, consider the two cases cited
by the Court in Chevron as examples of a “legislative delegation
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