Understanding the Nondelegation Doctrine: Impacts on Federal Agency Power
The nondelegation doctrine limits federal agency power by barring Congress from transferring its lawmaking authority without clear standards, and it was enforced in 1935 in two Supreme Court cases. Since then, courts have mostly upheld delegations under the “intelligible principle” test, though recent opinions suggest renewed scrutiny. This article explains the doctrine’s history, modern signals […]
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