Nicholas Bagley and Julian Davis Mortenson on Delegation
In this episode, Nicholas Bagley, Professor of Law at the University of Michigan Law School, and Julian Davis Mortenson, Professor of Law at the University of Michigan Law School, discuss their article "Delegation at the Founding," which will be published in the Columbia Law Review. They begin by explaining what "delegation" is, in the constitutional context, and the history of the concept of the "non-delegation doctrine" prohibiting many kinds of delegation of legislative authority, which plays an important role in originalist constitutional theory. They describe their research into the theory and practice of delegation in the early American republic, and why it doesn't support the idea that non-delegation is a constitutional principle, on originalist terms. And they reflect on why originalists are so committed to the non-delegation doctrine. Bagley is on Twitter at @nicholas_bagley and Mortenson is at @jdmortenson.