Are Most Federal Statutes Unconstitutional?
Recent appellate judge’s dissent charts a radical approach to the nondelegation doctrine.
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.
Is Most of the Federal Government Unconstitutional?
The academic debate over the history and the future of the nondelegation doctrine is far from over.
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.
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.