Current Issue

Vol. 1, No. 1|September 15, 2026

The Nondelegation Doctrine Revisited: Congressional Authority in the Age of the Administrative State

John E. Smith, J.D. Candidate 2027, University of Chicago Law School

Constitutional Law

This is for example purposes and not a real article. The Supreme Court's renewed interest in the nondelegation doctrine signals a potential realignment of power between Congress and the administrative agencies it has long empowered to govern in its stead. Recent decisions suggest a majority of the Court may be prepared to impose meaningful limits on broad legislative delegations, a development that would fundamentally reshape the architecture of the modern regulatory state. This article examines the doctrinal foundations of that shift, its implications for existing statutory frameworks, and the constitutional questions that remain unresolved.