Delegation
Delegation, in this context, is Congress’s assignment of authority to a federal agency to carry out statutory functions. The agency exercises that authority within the guidance and limits Congress provides; the Supreme Court describes the required guidance as an intelligible principle.
Delegation, in this context, is Congress’s assignment of authority to a federal agency to carry out statutory functions. The agency exercises that authority within the guidance and limits Congress provides; the Supreme Court describes the required guidance as an intelligible principle.
Example: In Whitman v. American Trucking Associations (2001), the Supreme Court held that Clean Air Act §109(b)(1) did not unconstitutionally delegate legislative power to the EPA in setting national ambient air quality standards.
Common misconception: Delegating authority does not give an agency unlimited discretion. In Whitman, the Supreme Court found that the discretion allowed by the Clean Air Act provision was within the limits accepted by its nondelegation precedents.
Sources: Whitman v. American Trucking Associations, Inc., 531 U.S. 457 (2001); Congressional Research Service, Congress’s Delegation of “Major Questions”