Under which condition can Congress grant regulatory powers to the executive branch?

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Congress can grant regulatory powers to the executive branch when it outlines specific standards to guide the executive's use of that power. This principle is grounded in the non-delegation doctrine, which holds that Congress cannot delegate its legislative power without providing an intelligible principle to guide the executive branch in exercising that power. By establishing specific standards, Congress sets forth a framework within which the executive can operate, ensuring accountability and adherence to the legislative intent. This allows the executive branch to effectively implement regulations while still operating under the constraints and guidance provided by Congress.

The other options do not align with the requirements established by the Constitution and judicial interpretations regarding the delegation of regulatory powers. Without guidelines, Congress would risk an overreach of executive power, and requiring Supreme Court approval for every delegation would create significant practical difficulties in governance. Lastly, the temporary nature of a regulatory power does not absolve the need for standards; Congress must still define parameters for any time-sensitive grants of power.

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