John Marshall Defines Non-Delegation Doctrine [No. 86]

Professor Gary Lawson explains that “non-delegation” was already a recognized issue, as early as 1825. Chief Justice John Marshall recognized that only Congress could exercise the “Legislative Power.” The Legislative branch was not permitted to sub-delegate purely legislative powers to either the Judicial or Executive branches. How do we recognize Legislative Power? Professor Lawson argues that Chief Justice Marshall had the most accurate formulation of that also. Congress was given the power to produce legislation about important matters; the other branches acted on matters of “lesser interest.”

Professor Gary Lawson is the Philip S. Beck Professor at Boston University School of Law.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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   • Administrative Law [Course] [No. 86]