Difference between revisions of "Nondelegation doctrine"
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| − | The '''Nondelegation doctrine''' is the principle that congress cannot delegate its | + | The '''Nondelegation doctrine''' is the principle that congress cannot delegate its [[enumerated powers]] to the executive branch via bureaucratic agencies.<ref>[https://www.law.cornell.edu/wex/nondelegation_doctrine Nondelegation Doctrine]</ref> |
==History== | ==History== | ||
Revision as of 02:12, October 15, 2015
The Nondelegation doctrine is the principle that congress cannot delegate its enumerated powers to the executive branch via bureaucratic agencies.[1]
History
For much of American history, the legislative branch was strictly separate from the executive branch. In Marshall Field and Co. v.Clark, the Supreme Court noted: "That Congress cannot delegate legislative power to the President is a principle universally recognized as vital to the integrity and maintenance of the system of government ordained by the Constitution."
This changed with J. W. Hampton, Jr. & Co. v. United States.