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The Administrative State Before the Supreme Court
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April 1, 2022

A timely, must-read volume where leading scholars—including Peter Wallison and John Yoo—tackle the resurgent nondelegation doctrine, unpacking how the Supreme Court's renewed scrutiny of separation of powers, legislative authority, and administrative agencies could reshape the balance between Congress, the courts, and the modern administrative state.
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.