SPIRITED AWAY: CONSTITUTIONAL REVOLUTIONS COUNTERED BY THE NON-DELEGATION DOCTRINE

Matthew A. Gripp Esq., The George Washington University

Abstract

This paper will argue that the Supreme Court should awaken the non-delegation doctrine. Succinctly, the non-delegation doctrine states that congress may not delegate it’s legislative power to administrative agencies.1 The traditional “intelligible principle” test has been the guiding light in separation of powers analysis but in the history of the court it has found the requisite intelligible principle lacking in only two Congressional statutes.2