A Private-Law Framework for Subdelegation
Document Type
Book Chapter
Publication Date
2022
Editor(s)
Peter J. Wallison and John Yoo
ISBN
0844750433
Publisher
AEI Press
Language
en-US
Abstract
Although the nondelegation doctrine has lain dormant since 1935, some Supreme Court justices have recently called for its return. As the Supreme Court takes up the doctrine in current cases, this volume makes a timely contribution to our understanding of the separation of powers and the Constitution.
In The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine, leading scholars consider a revival of the Constitution’s nondelegation doctrine—the separation-of-powers principle that bars Congress from transferring its legislative powers to the administrative agencies. Although the nondelegation doctrine has lain dormant since 1935, some Supreme Court justices have recently called for its return. As the Supreme Court takes up the doctrine in current cases, this volume makes a timely contribution to our understanding of the separation of powers and the Constitution.
Recommended Citation
Gary S. Lawson,
A Private-Law Framework for Subdelegation
,
in
The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine
123
(Peter J. Wallison and John Yoo ed.,
2022).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3320