Separation of Powers

The Nondelegation Doctrine Is Alive and Well in the States

The Nondelegation Doctrine Is Alive and Well in the States

The U.S. Supreme Court could take a cue from Michigan and other states on reviving the nondelegation doctrine.

Israel Pushes Its Emergency Powers to Their Limits

Israel Pushes Its Emergency Powers to Their Limits

Israel’s executives have authority to combat COVID-19, but they appear to be abusing their power.

Reflections on Bureaucratic Barriers to Immigration Reform

Reflections on Bureaucratic Barriers to Immigration Reform

Practical obstacles to implementing policy illustrate how agencies assess their own constitutional authority.

Reform Congress to Rein In the Administrative State

Reform Congress to Rein In the Administrative State

Empowering Congress to fulfill its constitutional role can ensure regulation without administrative bureaucracy.

A Stronger Separation of Powers for Administrative Agencies

A Stronger Separation of Powers for Administrative Agencies

A better model for the administrative state includes both agency expertise and congressional oversight for major regulations.

A Constitutional Defense of the Administrative State

A Constitutional Defense of the Administrative State

A new theory of administrative separation of powers protects modern government from its challengers.

Administrative Constitutionalism’s Lessons

Administrative Constitutionalism’s Lessons

The administrative state can teach us about the Constitution’s guarantee of liberty and separation of powers.

The Value of the CRA for Agency Guidance

The Value of the CRA for Agency Guidance

The Congressional Review Act restores notions of separation of powers and empowers private parties affected by regulation.

Getting Agencies Back Into the Game

Getting Agencies Back Into the Game

Regulatory reform should reduce rulemaking burdens to promote effective agency action.

Overruling Chevron Could Make Congress Great Again

Overruling Chevron Could Make Congress Great Again

Limiting judicial deference to agencies would strengthen environmental policy and democratic accountability.

Challenging the Anti-Regulatory Narrative

Challenging the Anti-Regulatory Narrative

The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.

Should India’s Supreme Court Enforce Regulations?

Should India’s Supreme Court Enforce Regulations?

India’s Supreme Court enforces public interest regulations, but it risks political harm in doing so.