Columbus, OH – On Tuesday, The Buckeye Institute filed an amicus brief in Federal Communications Commission (FCC) v. Consumers’ Research, calling on the U.S. Supreme Court to revive the not-quite-dead nondelegation doctrine and tell Congress it cannot abdicate its lawmaking responsibilities to the executive branch. 

“When Congress allows agencies or private parties to create rules and regulations that have the effect of laws, Congress has abdicated its lawmaking function,” said David C. Tryon, director of litigation at The Buckeye Institute and counsel of record on this brief. “This case offers the high court an opportunity to confirm that the nondelegation doctrine restricts Congress’ ability to delegate away its legislative powers and responsibilities.”

In its brief, The Buckeye Institute argues that the nondelegation doctrine plays a vital role in protecting the separation of powers enshrined in the U.S. Constitution and in determining what powers Congress can delegate. While arguing that Congress should not be “liberated” from its constitutional lawmaking process, Buckeye urges the court to formulate a clear nondelegation test to state when Congress may permissibly grant authority to another branch of government. 

Tryon added, “While some argue that it is more efficient for administrative agencies to handle certain details, the fundamental task of lawmaking is better left to—and constitutionally remains with—Congress.”

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