The Other Delegate: Judicially Administered Statutes and the Nondelegation Doctrine – Article by Margaret H. Lemos

From Volume 81, Number 3 (March 2008)

The nondelegation doctrine is the subject of a vast and ever-expanding body of scholarship. But nondelegation literature, like nondelegation law, focuses almost exclusively on delegations of power to administrative agencies. It ignores Congress’s other delegate—the federal judiciary.