nondelegation doctrine
The non-delegation doctrine is a constitutional principle that Congress cannot delegate its legislative powers to another branch of government or to private entities. The doctrine primarily arises in administrative law and constitutional law, addressing the limits of Congress’s ability to authorize agencies to make rules with the force of law.
In J.W. Hampton, Jr. & Co. v. United States, 276 U.S. 394 (1928), the Supreme Court held that when Congress delegates regulatory authority, it must provide an “intelligible principle” to guide the exercise of that power. This standard has been interpreted broadly, and few statutes have ever been invalidated under it.
The Court applied the doctrine more strictly in A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935), striking down a New Deal statute for granting the President overly broad authority to approve industrial codes without clear congressional standards. The Court concluded that “Congress is not permitted to abdicate or transfer to others the essential legislative functions with which it is thus vested.”
See also: Gundy v. United States, 588 U.S. 128 (2019) and FCC v. Consumers' Research, 606 U.S. ___ (2025).
[Last reviewed in November of 2025 by the Wex Definitions Team]
Keywords
- administrative law
- ADMINISTRATIVE AGENCIES
- administrative review
- administrative hearing
- Congress
- separation of powers
- legislation
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