Subdelegating Authority in the Executive Branch
Scholars argue that career officials in the executive branch have significant decision-making power.
A Fili-Busted Balance of Power
The filibuster has caused Congress to give up its constitutional power to oversee the administrative state.
The Constitutionality of Federal Regulation in Indian Country
A recent Supreme Court decision challenges centuries of congressional regulatory authority over native nations.
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.
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.
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.
Gundy, Nondelegation, and Never-Ending Hope
The intelligible principle standard lives to see another day—but for how long remains unclear.