Delegation of Powers: A Historical and Functional Analysis

Authors

Richard A. Epstein, New York University School of LawFollow

Abstract

This Article lays out the reasons why legislators, judges, lawyers, laypersons, and even scholars should care about the nondelegation doctrine. This Article aims to fill gaps in the current literature with a functional analysis of the nondelegation doctrine that helps explain where it should have teeth and where it should not. The Article offers a brief account of the evolution of the nondelegation doctrine, develops an analytical model to explain why and how the doctrine should be used, explains how this model works in the context of private business contexts, and circles back from the private sector to the public sector in order to apply this model to help explain a broad range of delegation cases.

Recommended Citation

Richard A. Epstein, Delegation of Powers: A Historical and Functional Analysis, 24 Chap. L. Rev. 659 (2021).
Available at: https://digitalcommons.chapman.edu/chapman-law-review/vol24/iss3/3