Source: Law & Liberty
by Chad Squitieri
“The Constitution’s nondelegation principle limits Congress’s ability to delegate congressional powers to other entities. The principle is a crucial and inherent feature of our Constitution, which vests only specific powers in specific federal branches. Article I of the Constitution vests ‘all legislative powers herein granted’ in Congress, Article II vests ‘the executive power’ in the president, and Article III vests ‘the judicial power of the United States’ in the federal judiciary. By limiting Congress’s ability to delegate its legislative powers to other entities, the nondelegation principle helps courts maintain the constitutional separation of powers. Unfortunately, the federal judiciary has not done a great job at enforcing the nondelegation principle.” (11/19/25)