by NCLA | Jul 24, 2019 | Mark Chenoweth, Opinion, Peggy Little
The Office of Management and Budget issued a memo recently reminding all federal administrative agencies that “the Constitution vests all Federal legislative power in Congress.” That may seem obvious, but agencies often regulate Americans beyond their lawful authority...
by NCLA | Jul 19, 2019 | Blog, Jay Schaefer
Photo by Ajay Suresh, Rights Reserved The current nondelegation doctrine may not be long for this world, evidenced by the concurrence and dissent in this term’s Gundy v. United States. In its present iteration, the doctrine allows Congress to give away legislative...
by NCLA | Jul 19, 2019 | Press Releases
Washington, D.C. — Since July of 2018, the New Civil Liberties Alliance (NCLA) has filed 18 anti-guidance petitions to federal agencies who too often regulate through “guidance” rather than following the process that the Administrative Procedure Act (APA) mandates for...
by NCLA | Jul 18, 2019 | Press Releases
Washington, D.C. —The New Civil Liberties Alliance (NCLA) today filed a petition asking the U.S. Commodity Futures Trading Commission (CFTC) to amend its controversial “Gag” Rule. The CFTC requires settling parties to agree that they will never make any public...
by NCLA | Jul 17, 2019 | Lunch & Law Speaker Series
The Constitution vests Congress—and Congress alone—with the power to make law. However, for decades now, the so-called nondelegation doctrine has been rendered weak and useless by a Court reticent to enforce the Constitution’s separation of powers and the...
