On Tuesday, The Buckeye Institute submitted an amicus brief in the case of Federal Communications Commission (FCC) v. Consumers’ Research. The brief urges the U.S. Supreme Court to reinstate the nondelegation doctrine and assert that Congress cannot delegate its legislative responsibilities to the executive branch.
David C. Tryon, director of litigation at The Buckeye Institute and counsel of record on this brief, stated, “When Congress allows agencies or private parties to create rules and regulations that have the effect of laws, Congress has abdicated its lawmaking function.” He emphasized that this case presents an opportunity for the Supreme Court to confirm that the nondelegation doctrine limits Congress’ ability to delegate its legislative powers and responsibilities.
The Buckeye Institute’s brief argues that the nondelegation doctrine is crucial for maintaining the separation of powers outlined in the U.S. Constitution and for determining what powers Congress can delegate. The organization contends that Congress should not be freed from its constitutional lawmaking duties and calls on the court to establish a clear test for when it is permissible for Congress to grant authority to another government branch.
Tryon further noted, “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.”
