| 来源类型 | Special Feature
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| 规范类型 | 评论
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| The American Enterprise Institute Project on the Nondelegation Doctrine |
| Peter J. Wallison; John Yoo
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| 发表日期 | 2019-10-07
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| 出版年 | 2019
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| 语种 | 英语
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| 摘要 | To define the difference between legislation and administration, AEI scholars Peter Wallison and John Yoo announce the creation of an AEI project on the nondelegation doctrine. Legal scholars will work to determine what test or tests will help Supreme Court justices decide when Congress has delegated excessive legislative authority to an administrative agency.
America’s constitutional system of separated powers includes a legislative branch for making laws and an executive branch for administering or enforcing them. This structure was chosen because the framers believed that the liberties of Americans would be threatened if the power to make the laws and the power to enforce them were in the same hands.
However, in over 200 years the Supreme Court has never attempted to define where the line should be drawn between legislation and administration. This problem has become more acute over the past century, as Congress has passed broad, vague laws that often, in effect, delegate lawmaking powers—which should be the sole province of Congress—to executive agencies. The absence of any Court decision on the difference between legislation and administration is the reason America has the problem of excessive delegation. If this continues, Americans will one day live in a society where all the laws and rules are made by unaccountable and unelected officials.
Today, in light of the new conservative majority on the Supreme Court and the June decision in Gundy v. United States, it looks increasingly likely that the Court will, in the near future, move to restrict Congress’ capacity to delegate its authority to regulatory agencies by invoking what is known as the nondelegation doctrine.
If the Court does move in this direction, what test or tests will help the justices decide when Congress has delegated excessive legislative authority to an administrative agency? In other words, what tests will give life to the nondelegation doctrine?
In an effort to assist the Court in answering this question, AEI scholars Peter Wallison and John Yoo have initiated a project on the nondelegation doctrine at AEI. Invited to participate are some of the best legal scholars in the nation, who will consider how the Court should approach the problem of defining the difference between legislation and administration.
In the hope that their analysis will be helpful to the Court, the legal academy, and other members of the federal judiciary, these selected legal scholars will write papers outlining their views on how the judiciary should draw the line between legislation and administration. Initial drafts of the papers will be discussed at a meeting in early 2020, and completed papers will be presented at an AEI conference in the summer of 2020. The collected papers will be published as a book by October 2020, before the next major nondelegation case reaches the Supreme Court.
For questions and media enquiries, please email mediaservices@aei.org or call 202.862.5829.
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| 标签 | law
; Supreme Court
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| URL | https://www.aei.org/special-features/the-american-enterprise-institute-project-on-the-nondelegation-doctrine/
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| 来源智库 | American Enterprise Institute (United States)
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| 资源类型 | 智库出版物
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| 条目标识符 | http://119.78.100.153/handle/2XGU8XDN/210619
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推荐引用方式
GB/T 7714 |
Peter J. Wallison,John Yoo. The American Enterprise Institute Project on the Nondelegation Doctrine. 2019.
|
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