MBE Rules · Constitutional Law
Non-delegation doctrine
Art. I §1 / J.W. Hampton
The rule
Congress may delegate rulemaking authority to executive agencies so long as it provides an 'intelligible principle' to guide the exercise of that authority (J.W. Hampton). Nearly all modern delegations satisfy this test, though the doctrine may be reinvigorated under the major-questions framework.
In plain English
Congress can hand day-to-day regulatory decisions to the executive, but must supply some standard. Since 1935 the Supreme Court has struck almost nothing down on this ground — but the doctrine still gets tested.
How examiners test it
Statute delegates broad rulemaking power; question asks about constitutionality of delegation itself (not the substantive rule).
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