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What Is a Strong Nondelegation Doctrine?
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What Is a Strong Nondelegation Doctrine?
The U.S. Supreme Court has invalidated only two federal laws on nondelegation grounds, both times in 1935. The nondelegation doctrine has lain largely dormant ever since, prompting Cass Sunstein’s famous observation that the doctrine “has had one good year, and 211 bad ones (and counting).” This term, the Supreme Court has the chance to end the nondelegation doctrine’s losing streak, in FCC v. Consumers’ Research. Members of the Court, led by Ju…
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