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The Administrative State Before the Supreme Court : Perspectives on the Nondelegation Doctrine / edited by Peter J. Wallison and John Yoo.
- Format:
- Book
- Author/Creator:
- Wallison, Peter J., author.
- Language:
- English
- Subjects (All):
- Delegation of powers--United States.
- Delegation of powers.
- Separation of powers--United States.
- Separation of powers.
- Administrative law--United States.
- Administrative law.
- Physical Description:
- 1 online resource (398 pages)
- Place of Publication:
- Washington, DC : The AEI Press, [2022]
- Summary:
- "In The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine, leading scholars consider a revival of the Constitution's nondelegation doctrine--the separation-of-powers principle that bars Congress from transferring its legislative powers to the administrative agencies. Although the nondelegation doctrine has lain dormant since 1935, some Supreme Court justices have recently called for its return. As the Supreme Court takes up the doctrine in current cases, this volume makes a timely contribution to our understanding of the separation of powers and the Constitution" -- Back cover.
- Contents:
- Introduction / Peter J. Wallison
- Reviving the nondelegation principle in the US Constitution / Douglas H. Ginsburg
- The nondelegation test hiding in plain sight : the void-for-vagueness standard gets the job done / Todd Gaziano and Ethan Blevins
- Reinvigorating nondelegation with core legislative power / Mark Chenoweth and Richard Samp
- A private-law framework for subdelegation / Gary Lawson
- A "step zero" for delegations / Jonathan H. Adler
- A two-tiered and categorical approach to the nondelegation doctrine / Michael B. Rappaport
- Executive administration of the government's resources and the delegation problem / John Harrison
- The sky will not fall : managing the transition to a revitalized nondelegation doctrine / Saikrishna Bangalore Prakash
- Can the Supreme Court learn from the state nondelegation doctrines? / Joseph Postell
- A judicially manageable test to restore accountability / David Schoenbrod
- Conclusion / John Yoo.
- Notes:
- Description based on print version record.
- ISBN:
- 9780844750446
- 0844750441
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