Loving v. United States, 517 U.S. 748, 3 (1996)

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to provide capital aggravating factors). Together, these Articles give clear authority to the President to promulgate RCM 1004. Pp. 769-771. (d) Loving's final assertion—that even if Articles 18, 56, and 36 can be construed as delegations, they lack an intelligible principle to guide the President's discretion—is also rejected. Had the delegations here called for the exercise of judgment or discretion that lies beyond the President's traditional authority, this argument might have more weight. However, because the President's duties as Commander in Chief require him to take responsible and continuing action to superintend the military, including the courts-martial, the delegated duty to prescribe aggravating factors for capital cases is interlinked with duties already assigned to him by the Constitution's express terms. The same limitations on delegation do not apply where the entity exercising the delegated authority possesses independent authority over the subject matter. See, e. g., United States v. Mazurie, 419 U. S. 544, 556-557. Pp. 771-774. 41 M. J. 213, affirmed.

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Souter, Ginsburg, and Breyer, JJ., joined, and in which O'Connor and Scalia, JJ., joined as to Parts I, II, III, IV-B, and IV-C. Stevens, J., filed a concurring opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, post, p. 774. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which O'Connor, J., joined, post, p. 775. Thomas, J., filed an opinion concurring in the judgment, post, p. 777.

John H. Blume argued the cause for petitioner. With him on the briefs were Teresa L. Norris, Roy H. Hewitt, Fran W. Walterhouse, and Walter S. Weedman. Deputy Solicitor General Kneedler argued the cause for

the United States. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Miguel A. Estrada, and John F. De Pue.*

*Ronald W. Meister, Steven R. Shapiro, and Diann Y. Rust-Tierney filed a brief for the American Civil Liberties Union as amicus curiae urging reversal.

Kent S. Scheidegger and Charles L. Hobson filed a brief for the Criminal Justice Legal Foundation as amicus curiae urging affirmance.

Briefs of amici curiae were filed for Public Citizen, Inc., by Alan B. Morrison, David C. Vladeck, and Eugene R. Fidell; for the United States

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