11.19.2025
“What comes next for the nondelegation doctrine? In Nondelegation Without Chaos, Professor John O. McGinnis offers some characteristically insightful thoughts. In particular, he outlines obstacles standing in the way of a reinvigorated nondelegation doctrine, and offers a proposed means of overcoming them. While I agree with much of his analysis, he overlooks one of the most important obstacles to reinvigorating the nondelegation principle, and I wish to offer an alternative means of reinvigorating the nondelegation principle. I am therefore pleased to accept the editors’ invitation to offer this response…”