The history of the intelligible principle test warrants caution in reviving the nondelegation doctrine.
A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.
The Supreme Court should follow the Fourth Circuit in prohibiting impermissible animus while maintaining the President’s discretion.
External and internal capture may be reduced through a more logical division of labor between Congress and agencies.
Legal scholar argues that delegation poses a threat to the separation of powers.
Scholars say the Supreme Court should rebuke the lower court’s ideologically influenced decisions.