A response to a lively debate on the modern administrative state.
Congress should not sabotage regulatory authorizations with sunset provisions.
Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.
The FTC should use adjudications to establish policy on employment non-compete clauses.
Without structural change, Congress will remain unable to legislate effectively.
Without an adequate amount of staff Congress cannot govern effectively.
A government watchdog office needs authority to investigate issues related to federal prosecutions.
The temporal problem of delegation is rooted in empirical evidence.
Regular reauthorization of statutes can fix congressional delegation’s temporal problem.
Leading scholars debate proposal for Congress to sunset its statutes and require reauthorization.
The academic debate over the history and the future of the nondelegation doctrine is far from over.
Regulators and regulatory scholars alike need to keep in mind regulation’s essential human element.