The author of this Article uses the nondelegation debate as a lens to see whether originalism as it is currently practiced is a useful or dangerous tool of constitutional interpretation. His Article builds on existing criticisms of originalism, recounts the origins of originalism, its initial emphasis on judicial restraint and avoidance of interfering in legislative policymaking, and examines how originalism works in practice in justifying and discussing the nondelegation doctrine.
Originalism Isn't What It Used to Be: The Nondelegation Doctrine, Originalism, and Government by Judiciary,
Chap. L. Rev.
Available at: https://digitalcommons.chapman.edu/chapman-law-review/vol24/iss3/4