Delegation of Power

A Reply to Our Interlocutors

A Reply to Our Interlocutors

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

Punishing the Innocent

Punishing the Innocent

Congress should not sabotage regulatory authorizations with sunset provisions.

Delegation, Time, and Congressional Capacity

Delegation, Time, and Congressional Capacity

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

Institutional Gridlock

Institutional Gridlock

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

Delegation and Time … and Staff

Delegation and Time … and Staff

Without an adequate amount of staff Congress cannot govern effectively.

How Long is Too Long for Legislative Delegation?

How Long is Too Long for Legislative Delegation?

The temporal problem of delegation is rooted in empirical evidence.

Reviving Congress’s Ambition

Reviving Congress’s Ambition

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

Reinvigorating Congressional Reauthorization

Reinvigorating Congressional Reauthorization

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

Gundy, Nondelegation, and Never-Ending Hope

Gundy, Nondelegation, and Never-Ending Hope

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

The Empty Case for Overruling Auer Deference

The Empty Case for Overruling Auer Deference

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

Reining in Technocracy to Increase Democratic Legitimacy

Reining in Technocracy to Increase Democratic Legitimacy

Reducing the power of technocrats will strengthen democratic legitimacy and political stability.

Voters’ Distrust of Legislators Drives Agency Lawmaking

Voters’ Distrust of Legislators Drives Agency Lawmaking

Does Congress delegate its authority to gain credibility with the public?