United States v. Barry L. Brown
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
MARCUS, Circuit Judge:
Barry L. Brown appeals his three misdemeanor convictions for violating National Park Service traffic regulations within a national seashore. These convictions resulted in imposition of a one-year term of probation and a total of $775 in fines. On appeal, he argues that the regulations under which he was convicted are facially unconstitutional and violate the separation-of-powers principle, pursuant to the non-delegation doctrine, because the regulations were promulgated by the Secretary of the Interior (“Secretary”) and not Congress.
We review questions of constitutional…
2Cases cited27 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- United States v. SalernoSupreme Court of the United States · 1987
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Yakus v. United StatesSupreme Court of the United States · 1944
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
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