Swallows Holding, Ltd. - Page 49

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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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