When Delegation Goes Too Far: The Nondelegation Doctrine

Journey back 90 years to 1935 - the one and only year the Supreme Court decided that Congress had tried to delegate too much power.If delegation is so useful, why can’t Congress delegate everything? Gwen and Marc explain the Nondelegation Doctrine through analogies to filmmaking and explore how Supreme Court cases—including Schechter Poultry—define the boundary between lawmaking and execution.Gwen and Marc trace the constitutional limits on delegation, from the “sick-chicken case” to today’s administrative realities. They show how the Court balanced principle and practicality, and how agencies like the TSA apply flexible judgment while staying within statutory bounds.Key Concepts: Nondelegation Doctrine | Separation of Powers | Schechter Poultry | Panama Refining | Yakus | Agency AdaptationExamples: Supreme Court cases (1935–1944), TSA 3-1-1 rule, shoe-screening policiesTakeaway: Congress must set the “what”; agencies decide the “how.” Nondelegation guards that line—and modern governance depends on keeping it workable.