Clutching Defeat from the Jaws of Victory: Gundy and the Prohibition on Delegation
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)...
A Disappointing Day at the Supreme Court
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...