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Full-Text Articles in Law
Combining Constitutional Clauses, Michael Coenen
Combining Constitutional Clauses, Michael Coenen
Journal Articles
No abstract provided.
Who’S Exercising What Power: Toward A Judicially-Manageable Nondelegation Doctrine, Martin Edwards
Who’S Exercising What Power: Toward A Judicially-Manageable Nondelegation Doctrine, Martin Edwards
Journal Articles
This Article argues that the traditional, "intelligible principle" nondelegation analysis is incomplete and that an examination of the delegate, rather than just the delegation, more effectively animates the doctrine. This is true not only as a practical matter; early Supreme Court cases, as well as later ones, have taken a keen interest in the recipient of the alleged delegation. In other words, a realistic and judicially enforceable nondelegation doctrine must include more than a mere tip of the juridical cap.