Administrative Law, Co-Sponsored by Constitutional Law

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A majority of the current Supreme Court Justices have signaled their willingness to reconsider the nondelegation doctrine. The doctrine prohibits Congress from delegating quasi-legislative power to agencies without an “intelligible principle.” Some justices and scholars are advocating for a standard with arguably more bite, most likely one that requires Congress to decide “important subjects” or “major questions” but allows agencies to “fill up the details.” The panelists will consider the provenance of the nondelegation doctrine, its constitutional foundation and development, the effects of any doctrinal shift, and how debates over nondelegation reflect deeper concerns over administrative action.