Abstract
The nondelegation doctrine is derived from Article I of the United States Constitution, and it prohibits Congress from delegating its enumerated legislative powers to other branches or agencies of the government. However, the nondelegation doctrine has been limited over the last century, and it has not been enforced to the fullest extent in the Supreme Court since the 1935 ruling in A.L.A Schechter Poultry Corp. v. United States. As a result, Congress has been allowed the discretion to delegate quasilegislative powers to administrative agencies and the executive branch under the premise of the intelligible principle and various levels of deference, all whilst the nondelegation doctrine has remained dormant. Following the recent ruling in Loper-Bright Enterprises v. Raimondo which served to overturn the longstanding precedent of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., there is reason to believe that the nondelegation doctrine may be making a resurgence in the courts during this generation.
Recommended Citation
Sonnenschein, Elizabeth Paige
(2025)
"The Delegation Dilemma: Assessing How the Overturn of Chevron Paves the Way for the Revitalization of the Nondelegation Doctrine,"
Helms School of Government Undergraduate Law Review: Vol. 4:
Iss.
2, Article 3.
Available at:
https://digitalcommons.liberty.edu/helmsundergraduatelawreview/vol4/iss2/3