If its recent decisions in Gundy v. United States and Seila Law v. CFPB are any indication, the Roberts Court is poised to invalidate large portions of the administrative state. Justice Gorsuch’s dissent in Gundy exemplifies the originalist arguments that portend to invalidate countless regulatory statutes under a more rigorous nondelegation doctrine. He argues that … Continue reading Nondelegation at the Founding? What James Madison Told the First Congress, by Christine Kexel Chabot