If We Build It, Will They Legislate? Empirically Testing the Non-Delegation Doctrine's Potential to Curb Congressional Abdication

• In Event: Separation of Powers and Inter-Agency Dynamics

Brief Overview

This paper empirically tests the theory that lax enforcement of the non-delegation doctrine in the federal courts permits Congress to abdicate its legislative power to agencies, and that enforcing the doctrine would correct those incentives.

Authors

• Daniel Walters, Penn State Law

• Elliott Ash, ETH Zurich