Delegation of Power

Reinvigorating nondelegation requires not just a reformulation of the doctrine, but also a willingness to apply it.

Scholars argue that career officials in the executive branch have significant decision-making 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.