Document Type
Article
Abstract
This Essay examines the 2025 Supreme Court case of Federal Communications Commission v. Consumers’ Research which seemingly involved an esoteric question of telecommunications law, but instead provided the Court with an opportunity some Justices have long sought to prune a foundational doctrine of the administrative state—the nondelegation doctrine. The nondelegation doctrine has garnered considerable judicial and academic attention, especially in comparison to the paucity of cases invalidating federal statutes on such grounds. The Court could have abandoned the forgiving “intelligible principle” test applied to congressional delegations for almost one hundred years, or, more cautiously, could have crafted a special rule merely limiting Congress’ delegation of its taxing powers. Ultimately, the Court did neither, likely depriving the case of iconic status.
Recommended Citation
Bernard W. Bell, FCC v. Consumers' Research: The Non-Delegation Doctrine and The Power to Tax, 17 ConLawNOW 31 (2025)