To Delegate or Redelegate: Is That the Question?

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Cited authorities 30

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Author	Thomas Halper
Position	Baruch College/CUNY & CUNY Graduate Center
Pages	335-361









Conicts between those supporting and opposing congressional redelegation

to executive agencies go back to the earliest days of the Republic, but given the

enormous development of the administrative state, now raise issues of great practical

importance. The arguments back and forth implicate abstract notions of democracy,

eciency, and judicial power, though typically partisan and other self interested

considerations actually drive the debate. The future is likely to see some retrenchment,

but not wholesale rejection of redelegation, as the massive and unpredictable

consequences would deter courts from acting.



Delegation, Redelegation, Chevron v. Natural Resources Defense Council





This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License.

 

 

 



10 Br. J. Am. Leg. Studies (2021)

Delegata potestas non potest delegari

      



     

  

        

           

 his  

his 

   

  



  

itthey  



          

            

            





its

their

           

   Panama

Rening Company v. Ryan        



   

 

  



      





           

      



 De Legibus

          , Delegata

Potestas Non Potest Delegari: A Maxim of American Constitutional Law 



 Cf.

 Congress Is a “They,” Not an “It”: Legislative Intent as Oxymoron



 



      



 Panamasupra 

336

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To Delegate or Redelegate: Is That the Question?

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