Federal Interbranch Relationship

Question 1

Delegation of Congressional Powers & Non-Delegation Doctrine

Answer 1

• Congress has broad authority to delegate legislative powers so long as: (1) the powers are delegable under the Constitution (Congress cannot delegate the power to impeach or declare war); AND (2) Congress provides reasonably intelligible standards to guide the delegation. Congress can delegate its powers to the Executive or Judicial branches of the federal government.
• Under the Non-Delegation Doctrine, Congress CANNOT delegate powers it does not have (i.e. executive or judicial powers) to itself or its officers.