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- Title
The Constitutional Foundations of Chenery.
- Authors
Stack, Kevin M.
- Abstract
The article discusses the argument that Chenery prohibition on post ad hoc rationalization is limiting the delegation power of the U.S. Congress. According to the author, the act of validating the agency's action depend on the agency's justification is enforcing Chenery's nondelegation doctrine. Moreover, the nondelegation that Chenery enforces holds that the constitutional validity of the delegation is anchored on whether the exercising agency explicitly state the grounds for its invocation.
- Subjects
UNITED States; CONSTITUTIONAL law; DELEGATION of powers; GOVERNMENT agencies; UNITED States. Congress
- Publication
Yale Law Journal, 2007, Vol 116, Issue 5, p952
- ISSN
0044-0094
- Publication type
Article
- DOI
10.2307/20455748