The Supreme Court upheld the creation of the Criminal Sentencing Commission in 1984, despite its mixture of judicial and executive functions and personnel.
In order to provide more uniformity in sentencing of criminals, Congress passed the 1984 Sentencing Reform Act, which created the Sentencing Commission. The president appointed seven members to the commission, three of whom had to be federal judges selected from a list of six forwarded by the Judicial Conference. The commission was to create guidelines for improving uniformity of sentencing of criminals by federal judges, who previously had broad discretion. Although the law and commission raised separation of powers issues, the Supreme Court upheld the act by a vote of eight to one. In his opinion for the Court, Justice Harry A. Blackmun
Extrajudicial activities
Hayburn’s Case
Judicial powers
Judicial review
Separation of powers