Understanding the Nondelegation Doctrine

The nondelegation doctrine is a constitutional principle that has been at the center of a recent challenge to the president’s tariffs. At its core, the doctrine asserts that Congress has an inalienable responsibility to make laws and cannot abdicate its legislative powers to other branches of government. The groups contesting the president’s tariffs argue that by delegating authority to impose tariffs without proper guidance, Congress has overstepped this fundamental principle.

In the United States, the Constitution divides power among three branches of government: the legislative, executive, and judicial. The legislative branch, composed of Congress, is tasked with making laws. The executive branch, headed by the president, is responsible for enforcing these laws. The judicial branch, comprising the courts, interprets the laws.

The nondelegation doctrine stems from the Constitution’s explicit assignment of legislative power to Congress. Article I, Section 1 of the Constitution states that “all legislative Powers herein granted shall be vested in a Congress of the United States.” This provision implies that Congress cannot transfer its lawmaking authority to other entities or individuals without violating the Constitution.

The doctrine is not about prohibiting all delegation of authority. Congress often delegates its authority to executive branch agencies to implement and enforce laws. However, such delegations must be accompanied by an intelligible principle that guides the agency’s actions. This principle ensures that the agency’s decisions are not essentially legislative in nature, thereby preserving Congress’s lawmaking role.

The challenge to the president’s tariffs centers on whether the delegation of authority to impose tariffs without a clear, guiding principle violates the nondelegation doctrine. The tariffs, imposed under the Trump administration, have been controversial, with critics arguing that they bypass traditional trade laws and procedures. By invoking the nondelegation doctrine, the challenging groups contend that Congress has improperly handed over its legislative power, allowing the executive branch to make decisions that should be made by lawmakers.

The nondelegation doctrine has significant implications for the balance of power among the branches of government. If upheld, it could limit the executive branch’s ability to act unilaterally in certain areas, ensuring that Congress maintains its constitutional role in lawmaking. Conversely, a more lenient approach to delegation could expand executive discretion, potentially upsetting the balance of power established by the Constitution.

As the debate over the president’s tariffs and the nondelegation doctrine continues, it highlights the ongoing tension between the branches of government and the importance of maintaining constitutional checks and balances.