Document Type
Article
Publication Date
Winter 2010
Keywords
Delegated legislation, Separation of Powers, Nondelegation
Disciplines
Administrative Law | Constitutional Law | Law and Politics | Public Law and Legal Theory
Abstract
This Essay (part of the panel on "The Administrative State and the Constitution" at the 2009 Federalist Society Student Symposium) suggests that the persistence of debates over delegation to agencies cannot persuasively be explained as a determination finally to get constitutional law “right,” for nondelegation doctrine—at least as traditionally stated—does not rest on a particularly sound legal foundation. Rather, these debates continue because nondelegation provides a vehicle for pursuing a number of different concerns about the modern regulatory state. Whether or not one shares these concerns, they are not trivial, and we should voice and engage them directly rather than continue to use nondelegation as a stalking horse.
Recommended Citation
Farina, Cynthia R., "Deconstructing Nondelegation" (2010). Cornell Law Faculty Publications. 33.
https://scholarship.law.cornell.edu/facpub/33
Publication Citation
Cynthia R. Farina, "Deconstructing Nondelegation", 33 Harvard Journal of Law & Public Policy (2010)
Included in
Administrative Law Commons, Constitutional Law Commons, Law and Politics Commons, Public Law and Legal Theory Commons