The Buckeye Institute filed an amicus brief on Mar. 23 in the case of Pheasant v. United States, asking the U.S. Supreme Court to reinforce the nondelegation doctrine and clarify that Congress cannot delegate its lawmaking duties—especially those involving criminal statutes—to executive agencies.
This development is significant because it raises questions about how much power Congress can transfer to administrative agencies, particularly regarding the creation of criminal laws. The Buckeye Institute argues that only Congress should make laws, as outlined in the Constitution.
“When Congress allows executive agencies to create rules and regulations with the effect of laws, Congress has abdicated the responsibility of lawmaking,” said David C. Tryon, director of litigation at The Buckeye Institute and counsel of record on this brief. “And while it may be easier to let administrative agencies make the rules, the fundamental task of lawmaking constitutionally remains with Congress.”
In its filing, The Buckeye Institute said that protecting separation of powers is essential for upholding constitutional principles. It argued that when it comes to criminal statutes, there are special protections against delegating legislative authority for creating crimes.
The organization also pointed out examples where Congress has passed detailed legislation when motivated by political will and stated that if lawmakers cannot pass a criminal statute themselves, then administrative bodies should not have such authority either.
According to the official website, The Buckeye Institute is a nonprofit classified under section 501(c)(3) of the Internal Revenue Code and operates from Capitol Square in Columbus, Ohio. It depends on private funding from individuals, corporations, and foundations according to its official website. The group focuses primarily on Ohio but promotes free-market ideas nationally through research and policy development according to its official website. It provides research and data analysis intended to help policymakers advance free-market principles according to its official website.
