This Essay canvasses Justice Scalia’s approach to the nondelegation doctrine by examining his two most prominent opinions in that field, Mistretta and Whitman. It goes on to critically examine the nature of the arguments he makes in those cases, and what his approach has to tell us about his overall approach to the judicial role.
William K. Kelley,
Justice Scalia, the Nondelegation Doctrine, and Constitutional Argument,
Notre Dame L. Rev.
Available at: https://scholarship.law.nd.edu/ndlr/vol92/iss5/9