Only twice in our nation's history has the Court struck down laws on the basis of the non-delegation doctrine. It's kind of a joke in law school because so rarely has the Court enforced it - and that was during the FDR years when he threatened to stack the Court because they were striking down all his New Deal legislation.
Non-delegation means that Congress has the power to legislate, and cannot delegate their authority to the executive branch to an extent that is deemed too wide. The bar they set though, is like a limbo bar that is 8 feet tall. It's called the intelligible principle test, and it's super easy for the government to meet.
Without getting into the details (unless somebody wants me to) let me just say that this is a HUGE decision.
edit: See my response to "horseypatriot" for more info if you are curious.
Lawyer here.
This is huge.
Only twice in our nation's history has the Court struck down laws on the basis of the non-delegation doctrine. It's kind of a joke in law school because so rarely has the Court enforced it - and that was during the FDR years when he threatened to stack the Court because they were striking down all his New Deal legislation.
Non-delegation means that Congress has the power to legislate, and cannot delegate their authority to the executive branch to an extent that is deemed too wide. The bar they set though, is like a limbo bar that is 8 feet tall. It's called the intelligible principle test, and it's super easy for the government to meet.
Without getting into the details (unless somebody wants me to) let me just say that this is a HUGE decision.
edit: See my response to "horseypatriot" for more info if you are curious.
Would LOVE a deep dive from your perspective. I’m still not sure how to take this decision and would like your insight, please.
See reply above