Topic
Nondelegation Doctrine
Posts
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Online2025
The Fifth Circuit’s Holding in National Horsemen’s Benevolent and Protective Association v. Black Keeps HISA from Crossing the Wire
The Framers of the Constitution deliberately divided federal powers among three branches, ensuring that each branch is held accountable by the others. The private…
Kyle Kendall -
ArticleVol. 101 · Iss. 2
The Major Questions Doctrine in the States
In West Virginia v. EPA and Biden v. Nebraska, the Supreme Court firmly established the major questions doctrine as a tool of statutory interpretation,…
Evan C. Zoldan -
Online2023
The Controlled Substances Act: An International Private Delegation That Goes Too Far
Introduction Under current Supreme Court precedent, Congress can delegate regulatory authority to federal agencies so long as it supplies an intelligible principle to guide…
Shane Pennington & Matthew C. Zorn -
ArticleVol. 93 · Iss. 3
Public Laws and Private Lawmakers
The Obama Administration’s “Clean Power Plan” for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional…
Kimberly N. Brown -
ArticleVol. 91 · Iss. 1
Sovereignty Mismatch and the New Administrative Law
In the United States, making international policymaking work with domestic administrative law poses one of the thorniest of modern legal problems—the problem of sovereignty…
David Zaring -
ArticleVol. 98 · Iss. 4
Delegating National Security
Conservative scholars and a Supreme Court majority support reviving the nondelegation doctrine as a way to downsize the administrative state. But proposals from these scholars and…
Robert Knowles -
ArticleVol. 89 · Iss. 4
Cybersecurity and Executive Power
This Article analyzes the constitutional authority of the President to shut down or limit public access to the Internet in a time of national…
David W. Opderbeck