Restoring the Legislative Power to Congress: The Role of the Nondelegation Doctrine and Legislative Vetoes

Published: May 2, 2020, 10:28 p.m.

b'The Eighth Annual Executive Branch Review Conference was held on April 28, 2020 via an online webinar. The final panel was titled "Restoring the Legislative Power: The Role of Nondelegation Doctrine and Legislative Vetoes"
In Federalist Paper No. 51, James Madison argued that a system of checks and balances between the federal branches of government was vital to the health and safety of our constitutional republic. While discussing how the relationship between these separate branches of government should endure, he specifically highlighted the Legislative branch by saying “In republican government, the legislative authority necessarily predominates.” Many in the realm of Constitutional law and governmental policy have argued the balance of power has shifted from the legislature, rendering it less powerful than the founding fathers intended. Some argue this power has been ceded largely to the Executive branch, arguing for more aggressive use of the legislative veto to keep the Executive branch in check. Others argue that the gradual weakening of the non-delegation doctrine has led to the administrative state usurping much of the power once thought solely in the realm of congressional authority. Proponents of the administrative state and of the Executive branch believe these changes are merely a reflection of modern times, and that Congress still has significant and final authority over federal law.
This elite panel of experts will explore the issue in depth, touching on various aspects of the debate, and presenting a wide variety of viewpoints. The panel subject matter promises both to be enlightening and educational for lawyers and policy makers alike.
Featuring:

Prof. Jack Beermann, Harry Elwood Warren Scholar and Professor of Law, Boston University Law School
Prof. Michael B. Rappaport, Hugh and Hazel Darling Foundation Professor of Law; Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law
Prof. David S. Schoenbrod, Trustee Professor of Law, New York Law School
Prof. Christopher J. Walker, Professor of Law; Director, Washington, D.C., Summer Program, The Ohio State University Moritz College of Law
Moderator: Mr. Thomas G. Hungar, Partner, Gibson, Dunn & Crutcher LLP
Introduction: Dean Reuter, General Counsel | Vice President & Director, Practice Groups, The Federalist Society

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.'