D.C. Circuit Revives Nondelegation Doctrine…Or Does It?Harvard Journal of Law and Public Policy (2000)
Article I, Section 1 of the Constitution charges Congress with the ability and the duty to make the law. Courts have always understood, however, that Congress has the capacity to delegate some legislative power to other institutional actors, typically those in the executive branch. Such delegations are justified by the "practical understanding that in our increasingly complex society, Congress simply cannot do its job absent an ability to delegate power under broad general directives." This does not mean that Congress enjoys unlimited authority to delegate. Under the judicially crafted "nondelegation doctrine," Congress delegates too much lawmaking power if it fails to provide an "intelligible principle to which the person or body [receiving the delegated power] is directed to conform."
- constitutional law,
Citation InformationMichael R Dimino. "D.C. Circuit Revives Nondelegation Doctrine…Or Does It?" Harvard Journal of Law and Public Policy Vol. 23 (2000)
Available at: http://works.bepress.com/michael_dimino/9/