1) The U.S. Constitution, through Article One, grants Congress the authority to
make or change federal laws. This includes the creation of criminal statutes and
fixing their associated penalties:
Ql) Does the U.S. Constitution authorize or allow Congress to transfer this
lawmaking/changing authority, in any way, to the U.S. Sentencing Commission?

2) Federal Sentencing Guidelines Manual Special Instruction §2G2.1(d)(1) directs
Prosecutors/Courts to utilize a Unit of Prosecution which differs from the Unit of
Prosecution found in the text of 18 U.S.C. §2251(c). This change effectively allows
the double jeopardy clause to be circumvented:
Ql) By what authority is the Sentencing Commission allowed to unilaterally resolve
the ambiguity in a congressional statute like 18 U.S.C. §2251(c)?
Q2) If the Sentencing Commission has somehow been given the power to
unilaterally interpret congressional intent, then make whatever statutory changes
they desire, how are the basic tenets of democracy, such as open debate among the
peoples representatives, upheld?
Q3) One function of Special Instruction §2G2.1(d)(1) is to provide a path for
prosecutors to bypass the protections of the 5th Amendment. Does this action in of
itself violate the due process clauses of the 5th and 6th Amendments?

Does the U.S. Constitution authorize Congress to transfer lawmaking authority to the U.S. Sentencing Commission?