In this seminar, we study, discuss, and debate the non-delegation doctrine. Under the US Constitution, legislative, executive, and judicial powers are are vested in three separate but equal branches of accountable authority. An important principle has been that Congress cannot modify this structure by delegating its power to make law to the other branches. What is this doctrine? What are its variants? What is its value? What is the impact of this doctrine on the balance of power? On individual liberty? These are the major questions that we will examine through close readings of case law and academic articles.
This is an American-style seminar class, where a small group of ten to fifteen students will focus on reading and discussing a small selection of key texts, distributed thematically over the course of the semester. Sessions will help students develop a deeper understanding of American Law, in particular, and the Common Law in general. Performance in the class will be based upon class participation (50%) and a final essay (50%).
Informed Citizens. Accountable Power. 