Nondelegation doctrine


Nondelegation doctrine is the principle that the United States Congress, being vested with "all legislative powers" by Article One, Section 1 of the United States Constitution, cannot delegate that power to anyone else.

United States Supreme Court on Nondelegation doctrine#

In J.W. Hampton v. United States, 276 U.S. 394 (1928), the United States Supreme Court clarified that when Congress does give an agency the ability to regulate, United States Congress must give the agencies an "intelligible principleā€ on which to base their regulations. This standard is viewed as quite lenient, and has rarely, if ever, been used to strike down legislation.

In A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935), the United States Supreme Court held that "Congress is not permitted to abdicate or to transfer to others the essential legislative functions with which it is thus vested."

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