The nondelegation doctrine holds that Congress cannot delegate its legislative powers to other branches. Article I vests "all legislative Powers" in Congress alone. When Congress authorizes agencies to make rules, it must provide an "intelligible principle" to guide agency discretion—not a blank check.
The Supreme Court has rarely struck down laws on nondelegation grounds. In Schechter v. United States (1935), during the New Deal, the Court struck down the National Industrial Recovery Act because it gave the president essentially unlimited power to regulate industry. Congress hadn't given meaningful standards or limits. But since then, the doctrine has been dormant. The Court has upheld enormous delegations: Congress authorizing the FCC to regulate radio "in the public interest," Congress authorizing the EPA to set air quality standards.
Conservative justices increasingly invoke nondelegation to challenge broad regulatory authority. If applied strictly, it could invalidate decades of administrative law. Progressive justices worry the doctrine would paralyze modern government—Congress can't foresee every detail of regulating pharmaceuticals or banking. The doctrine remains theoretical rather than practical.
Nondelegation doctrine protects separation of powers. It ensures Congress makes policy decisions rather than hiding them in vague delegations to agencies.
People often think nondelegation doctrine bars all delegation to agencies. In practice, it just requires Congress to set meaningful boundaries on agency authority.
Nondelegation doctrine protects separation of powers. It ensures Congress makes policy decisions rather than hiding them in vague delegations to agencies.
People often think nondelegation doctrine bars all delegation to agencies. In practice, it just requires Congress to set meaningful boundaries on agency authority.