Professor Gary Lawson discusses a prime example of the non-delegation doctrine. President Roosevelt’s New Deal included the National Industrial Recovery Act. This Act allowed the President to personally approve, or discard, codes of conduct for all operating businesses. When portions of the Act were challenged, the Supreme Court ruled that Congress could not delegate these legislative powers to the President. According to Professor Lawson, this was the first and only time the Court has ever enforced the non-delegation doctrine.

Professor Gary Lawson is the Philip S. Beck Professor at Boston University School of Law.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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   • Administrative Law [Course] [No. 86]