Giving Away Power

Article I of the Constitution vests all the legislative powers of the federal government in Congress. Is that consistent with Congress' routine practice of delegating rule-making authority to executive branch agencies? The classic case on this is Schechter Poultry Corporation v. United States in 1935, when the Court articulated the non-delegation doctrine, but there has not been another successful constitutional challenge to a congressional delegation of power for the last 85 years. That might soon change. The recent case of Gundy v. United States (2019) gives the current state of play on the non-delegation doctrine.