Congress Could Delegate Constitutional Change

Updated: 2026.03.10 10H ago 1 sources
Justice Thomas’s dissent proposes dividing Article I powers into a narrow set of 'core legislative' authorities and a broad set of 'non‑core' powers that Congress may freely delegate to the president. If adopted as doctrine, that distinction would allow Congress to hand over most federal policymaking to the executive while formally preserving Congress’s enumerated powers on paper. The result would be a practical transformation of constitutional operations without a formal amendment. — This reframing matters because it would shift where policy is actually made and who is politically accountable, altering separation‑of‑powers norms and voters’ ability to hold actors to account.

Sources

Article I, Overtheorized
John G. Grove 2026.03.10 100% relevant
Justice Thomas’s separate dissent in Learning Resources v. Trump (2026), which narrows the nondelegation doctrine by labeling only rulemaking that sets 'conditions for deprivations of life, liberty, and property' as nondelegable.
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