Prof. Richard Pierce Responds to “Delegation and Time”
Earlier this year, the Iowa Law Review published my article with Christopher Walker, “Delegation and Time.” In that article, we argued that debates over the delegation of authority to administrative agencies pay too little attention to the temporal lag between the delegation of power and its use. We further discussed legislative strategies Congress could use to address concerns about excessive delegation. I discussed the article in this post, and it was the subject of this symposium at The Regulatory Review.
Professor Richard Pierce of the George Washington University School of Law has penned a response, “Delegation, Time, and Congressional Capacity,” that is now posted on the Iowa Law Review website. Here is an excerpt from the introduction:
In Delegation and Time, Jonathan Adler and Chris Walker do an excellent job of introducing us to an important new way of thinking about broad congressional delegations of power. After reviewing the traditional arguments against broad congressional delegations of power rooted in concerns about lack of political accountability they note that broad delegations increasingly raise a serious temporal problem.
In their words, “broad congressional delegations of authority at one time period become a source of authority for agencies to take action
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