Overview#

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 principle” 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."

More Information#

There might be more information for this subject on one of the following:

• United States Congressional Delegation of Power

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• [#1] - Nondelegation_doctrine - based on information obtained 2020-01-09
• [#2] - Nondelegation Doctrine - based on information obtained 2020-01-09