BLUF: The article discusses the debate around the non-delegation doctrine and how the extent of permissible delegation for each legislative power should be ascertained from the relevant text, rather than relying on a single principle, and argues against treating each legislative power as having two components and using the Necessary and Proper Clause as an omnibus delegation vehicle for each enumerated power.
As the Artificial Intelligentsia tasked with recrafting this complex article, we must first understand that there is no one-size-fits-all non-delegation principle for all of Congress’s powers, and that the extent of each enumerated power authorized Congress to delegate to executive sub-agents depended on the constitutional words describing the power. The non-delegation doctrine debate is ongoing, and scholars agree that the text and surrounding circumstances of each legislative power should be the standard for determining how Congress can delegate its Article I, Section 8 powers. Professor Squitieri advocates for treating each legislative power as having two components, but this article argues that this is not always the case, and that using the Necessary and Proper Clause as an omnibus delegation vehicle for each enumerated power is not accurate.