“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The prohibition on the delegation of legislative power to the executive is one of the key structural features of the Constitution’s original meaning. The prohibition prevents the legislature from passing a law that authorizes the executive (instead of the legislature)...
I’m guessing most people were disappointed by the major opinions last Thursday from the Supreme Court (Gundy v. United States on non-delegation and American Legion on establishment). Neither resolved much of anything. The silver lining, I suppose, is that...
The Supreme Court has accepted certiorari in a case that raises a nondelegation doctrine question (as well as several other issues). In Gundy v. United States, the nondelegation issue involves the federal Sex Offender Notification and Registration Act...