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.
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.
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.
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
Reducing the power of technocrats will strengthen democratic legitimacy and political stability.
Voters’ Distrust of Legislators Drives Agency Lawmaking
Does Congress delegate its authority to gain credibility with the public?