On February 8, Catholic Law's Assistant Professor Chad Squitieri was a guest on season five, episode five of the podcast Dissed. In this episode, Squitieri discussed the nondelegation doctrine and the major questions doctrine with attorneys Anastasia Boden and Elizabeth Slattery.
Click here to listen to the discussion.
Dissed
S5 E5
Date: February 8, 2023
Delegation Running Riot at SCOTUS
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A central feature of our Constitution’s separation of powers is that Congress is charged with making the law, and it can’t give away this power to the other branches of government. Known as the nondelegation doctrine, this core protection of our liberty has only been halfheartedly enforced by the courts for much of the past century. In 1935, however, nondelegation enjoyed “one good year” when the Supreme Court held that Congress unconstitutionally gave away its lawmaking power. But a dissent quickly became the new majority and the nondelegation doctrine mostly vanished. In recent years, several justices have expressed an interest in reviving that old doctrine. Will the nondelegation doctrine enjoy another good year?
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In Dissed, attorneys Anastasia Boden and Elizabeth Slattery dig deep into important dissents, both past and present, and reveal the stories behind them.