Non-delegation doctrine

Is Most of the Federal Government Unconstitutional?

The academic debate over the history and the future of the nondelegation doctrine is far from over.

Airline Luggage Rack

Six Degrees of Delegation

The nondelegation doctrine actually makes sense when viewed in dimensional terms.

Constitutional Questions and the Administrative State

Scholars explore questions about how agencies shape and are shaped by the U.S. Constitution.

Congress

Gundy, Nondelegation, and Never-Ending Hope

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

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?

Combatting External and Internal Regulatory Capture

External and internal capture may be reduced through a more logical division of labor between Congress and agencies.