Glossary

Nondelegation doctrine

The principle that Congress may not hand its lawmaking power to agencies or others without clear limits on how it is used.

Also called: nondelegation, delegation doctrine, intelligible principle test

The nondelegation doctrine rests on Article I's statement that "all legislative Powers herein granted shall be vested in a Congress." If Congress alone may legislate, the argument goes, it cannot give that power away to executive agencies, courts or private groups.

In practice the Supreme Court has allowed broad delegations so long as Congress supplies an "intelligible principle" to guide the agency, a test from J.W. Hampton v. United States (1928). The Court has struck down a statute on nondelegation grounds only twice, both in 1935 during the New Deal. In Gundy v. United States (2019), several justices signaled interest in a stricter test, and the doctrine's concerns now often appear through the major questions doctrine.

Many conservatives and libertarians see a revived nondelegation doctrine as essential to reining in the administrative state, arguing that agencies now make most binding rules without voters' representatives being accountable for them. Defenders of current practice say Congress cannot anticipate every technical detail and that strict limits would make modern regulation impossible. The doctrine is a core part of debates about separation of powers.

Last reviewed November 8, 2026

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Related terms

Major questions doctrine A rule that agencies need clear authorization from Congress before deciding issues of vast economic or political significance. Administrative state A term for the federal agencies that make and enforce rules with binding effect, often seen as a fourth branch of government. Separation of powers The constitutional division of government into legislative, executive and judicial branches, each with its own distinct powers. Chevron deference A former rule requiring courts to accept a federal agency's reasonable reading of an ambiguous statute it administers. Enumerated powers The specific powers the Constitution grants to Congress and the federal government, chiefly the list in Article I, Section 8.