The nondelegation doctrine
1. Wayman v. Southard (1825)
Facts: Congress passed a law allowing courts to establish procedural rules for federal courts. Wayman challenged the delegation, claiming it violated the separation of powers.
Ruling: The Supreme Court upheld the delegation, stating that Congress can delegate authority if it provides general guidelines. Chief Justice John Marshall said Congress cannot delegate “the essence of legislative power” but may delegate the execution of laws.
Significance: This case is one of the earliest affirmations that delegation is allowed if Congress sets an intelligible principle. It established the idea that Congress can delegate details, but not the core policy decisions.
2. J.W. Hampton Jr. & Co. v. United States (1928)
Facts: Congress allowed the President to adjust tariffs based on recommendations from the Tariff Commission. Hampton challenged this, saying Congress had delegated too much legislative power to the President.
Ruling: The Court upheld the delegation. It introduced the “intelligible principle” standard, requiring that Congress provide guidance for the delegate to follow.
Significance: This case solidified the modern standard for nondelegation: Congress can delegate power if it provides an intelligible principle. It remains the foundational case cited in nondelegation doctrine cases.
3. Panama Refining Co. v. Ryan (1935)
Facts: The National Industrial Recovery Act (NIRA) gave the President authority to prohibit the shipment of petroleum if it deemed it in excess of state quotas. The petroleum company challenged the delegation.
Ruling: The Supreme Court struck down this delegation. The statute gave the President broad authority without clear standards or guidance.
Significance: This is a rare case of the Court invalidating a delegation. It emphasized that Congress must provide clear limits and standards when delegating authority.
4. A.L.A. Schechter Poultry Corp. v. United States (1935)
Facts: The NIRA allowed the President to regulate the poultry industry under broad codes. Schechter Poultry argued that Congress had delegated too much legislative power.
Ruling: The Court invalidated the delegation, stating that Congress cannot give “unlimited discretion” to the President. There were no intelligible principles guiding the regulations.
Significance: This is another landmark case showing the Court enforcing nondelegation limits. It reinforced that broad, unchecked delegations are unconstitutional.
5. Mistretta v. United States (1989)
Facts: Congress created the U.S. Sentencing Commission to establish sentencing guidelines for federal judges. Mistretta argued Congress violated the nondelegation doctrine by delegating legislative power to the Commission.
Ruling: The Supreme Court upheld the delegation. Congress provided sufficient guidance, including clear goals and standards for the Commission to follow.
Significance: This case demonstrates the modern trend: the Court rarely strikes down delegations if an intelligible principle exists. It showed flexibility, allowing administrative agencies to function within delegated authority.
6. Whitman v. American Trucking Ass’ns (2001)
Facts: Congress authorized the EPA to set air quality standards. Plaintiffs argued this delegation violated the nondelegation doctrine because it lacked precise limits.
Ruling: The Supreme Court upheld the delegation, reaffirming that as long as Congress provides an intelligible principle (in this case, protecting public health with an adequate margin of safety), the delegation is constitutional.
Significance: This case reinforces that modern nondelegation challenges are rarely successful if Congress outlines a general policy and objectives.
Key Takeaways from the Cases:
Congress cannot delegate its core legislative power but can delegate execution with guidance.
The “intelligible principle” test (Hampton) is central.
Delegations must include standards and goals; without them, courts may strike them down (Panama Refining, Schechter).
Modern courts generally uphold broad delegations if Congress provides some guiding principle (Mistretta, Whitman).
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