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Law

The Non-Delegation Doctrine and Its Limits on Administrative Lawmaking

Quick fact

In 1935, the Supreme Court used the non-delegation doctrine to strike down two federal laws—the only times it has ever done so. Since then, no federal law has been invalidated on that basis, though the doctrine has recently been revived in Supreme Court opinions.

Why this is interesting

You know that Congress makes laws, but have you ever wondered why a federal agency can issue rules that carry the force of law, without a direct vote by elected representatives? That's the puzzle at the heart of the non-delegation doctrine.