Constitutional Continuity in a Time of Change

Constitutional Continuity in a Time of Change

Article I of the Constitution vests Congress with legislative powers, and the principle of nondelegation means that Congress may not give those powers away to other entities. A quarter century ago, after another failed challenge to a sweeping grant of regulatory power to a federal agency, Gary Lawson pronounced the nondelegation doctrine dead. But as every zombie movie fan will tell you, not everything that is dead stays dead. In the U.S. Suprem…