Delegation of Power

The filibuster has caused Congress to give up its constitutional power to oversee the administrative state.

A recent Supreme Court decision challenges centuries of congressional regulatory authority over native nations.

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.

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

Without an adequate amount of staff Congress cannot govern effectively.

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 intelligible principle standard lives to see another day—but for how long remains unclear.

Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.