Non-Delegation Doctrine

  • Congress cannot delegate legislative power to agencies without declaring a policy or establishing a standard for the executive branch to follow.
    • Think: delegating to the executive branch with no guideposts to follow.
  • Congress must provide an intelligible principle to guide the agency's discretion.
  • If invoked, the Non-Delegation Doctrine strikes down the entire legislative grant of power to the agencies.
    • Contrast this with the MQD not invalidating the entire grant, just the action.
  • Historically, SCOTUS has been very hesitant to invoke NDD.
    • It hasn't been used to strike down a statute since 1935.
  • Summation: Court does not allow agencies to delegate power to agencies without providing guideposts.