A Reply to Our Interlocutors

A response to a lively debate on the modern administrative state.

Punishing the Innocent

Congress should not sabotage regulatory authorizations with sunset provisions.

Delegation, Time, and Congressional Capacity

Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.

FTC Building

Regulate Non-Competes by Administrative Adjudication

The FTC should use adjudications to establish policy on employment non-compete clauses.

Institutional Gridlock

Without structural change, Congress will remain unable to legislate effectively.

Delegation and Time … and Staff

Without an adequate amount of staff Congress cannot govern effectively.

Current Law Helps Shield Attorney General from Independent Review

A government watchdog office needs authority to investigate issues related to federal prosecutions.

How Long is Too Long for Legislative Delegation?

The temporal problem of delegation is rooted in empirical evidence.

Reviving Congress’s Ambition

Regular reauthorization of statutes can fix congressional delegation’s temporal problem.

Reinvigorating Congressional Reauthorization

Leading scholars debate proposal for Congress to sunset its statutes and require reauthorization.

Is Most of the Federal Government Unconstitutional?

The academic debate over the history and the future of the nondelegation doctrine is far from over.

Regulation Serves People, and Depends on Them Too

Regulators and regulatory scholars alike need to keep in mind regulation’s essential human element.