Delegation Doctrine
Administrative Law · Lesson 07
Delegation Doctrine
這一課問的是：國會是否未提供可理解原則而授予機關立法權？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Has Congress impermissibly delegated legislative power to an agency without intelligible principle?
這一課問的是：國會是否未提供可理解原則而授予機關立法權？
Trigger words & phrases that should flag this issue:
intelligible principledelegatelegislative powernon-delegationmajor question
Core Terminology · 7 must-know
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delegation doctrine
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Limits on Congress's grant of legislative authority to agencies.
授權原則。
intelligible principle
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Standard: delegation must contain intelligible principle guiding agency.
可理解原則。
Schechter Poultry
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1935 case striking down NIRA — only successful non-delegation strike of New Deal.
Schechter Poultry。
modern doctrine
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Toothless since 1935 — intelligible principle very lenient.
現代學說。
Gundy
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2019 case showing non-delegation not yet revived.
Gundy。
major questions doctrine
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Effective non-delegation revival for transformative agency action.
重大問題原則。
private delegation
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Delegation to private entities — more suspect.
私人授權。
Rule Sentence · the workhorse
Congress may delegate authority to administrative agencies so long as the statute lays out an "intelligible principle" to guide the exercise of that authority; the modern doctrine has been extremely lenient, though the major questions doctrine effectively requires clear congressional authorization for transformative agency action.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人Congress國會
Act 行為delegating authority授予職權
Object 對象agency機關
Standard 法律標準intelligible principle可理解原則
Consequence 後果valid delegation or constitutional violation授權有效或違憲
Casebook Snapshot · a real American case
Gundy v. United States
Holding. SORNA's delegation to the Attorney General was upheld; majority found intelligible principle. Plurality split signals possible willingness to revisit doctrine but no current revival.
Why it matters. Gundy: non-delegation challenges still fail under current intelligible-principle test, though justices signal future revival.
Gundy：可理解原則測試仍寬；可能未來改革。
Common Mistakes · what trips students
✗ non-delegation 嚴格適用。
✓ Modern doctrine extremely lenient until possibly revived.
現代極寬鬆。
Mini IRAC · build the Application
Issue. Has Congress impermissibly delegated authority to an agency to set "reasonable" pollution standards?
Rule. Congress may delegate authority if the statute provides an intelligible principle guiding the agency.
Application (model). Statute directs agency to set "reasonable" pollution standards based on enumerated factors. Because intelligible-principle test is extremely lenient and "reasonable" plus enumerated factors plainly provides guidance, the fact that the statute references multiple factors and a recognized standard ("reasonable") means the intelligible-principle test is easily satisfied.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the delegation is constitutional under current doctrine.
MBE Check · multiple choice
Statute delegates to agency authority to regulate "in the public interest, convenience, and necessity." Constitutional under non-delegation doctrine?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: