Warning
Info
Warning
Info
Simple English definitions for legal terms
Nondelegation Doctrine
Read a random definition: Specific intent
A quick definition of Nondelegation Doctrine:
The nondelegation doctrine is a rule in administrative law that says Congress can't give its power to make laws to other groups or organizations. This usually means that Congress can't give its power to make rules to government agencies or private groups. If Congress does give an agency the power to make rules, it has to give them a clear idea of what to do. This rule is not very strict, and it's hardly ever used to stop laws from being made. The Supreme Court has said that Congress can't give away its power to make laws to other groups, because that's what Congress is supposed to do.
A more thorough explanation:
The nondelegation doctrine is a principle in administrative law that states that Congress cannot give away its power to make laws to other entities. This means that Congress cannot delegate its powers to administrative agencies or private organizations.
For example, if Congress passed a law that said "the Environmental Protection Agency can make any regulations it wants about air pollution," that would be a violation of the nondelegation doctrine because Congress is giving away its power to make laws about air pollution to the EPA.
In order to delegate power to an agency, Congress must give the agency an "intelligible principle" to follow. This means that Congress must give the agency some guidance about what it can and cannot do. For example, if Congress passed a law that said "the Environmental Protection Agency can make regulations about air pollution that are necessary to protect public health," that would be allowed because it gives the EPA a clear goal to work towards.
The nondelegation doctrine is important because it helps to ensure that Congress remains the primary law-making body in the United States. If Congress could simply give away its power to make laws, it would be much harder for the people to hold their elected representatives accountable.