SCOTUS 2019 pp 59-68 | Cite as

Gundy v. U.S. on Delegation of Power

  • Gary LawsonEmail author


One of the core principles of the US Constitution is separation of powers, the belief that ambition must be counteracted with ambition so that too much authority is not concentrated in the hands of a few. This includes the principle of non-delegation that the powers held by one branch of government must not be given to another, even when done voluntarily. Gundy presents the question of whether Congress gave away too much authority to the Department of Justice to determine who is put on the federal sex offender registry. Does this violate the principle that those who make the laws (Congress) must not also be those who prosecute the offenders (DOJ)? Have those functions been combined in a way that will lead to abuse? Gundy applies to sex offenders, but the principle of non-delegation has become an important question that will influence many future decisions of the Court.

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© The Author(s) 2020

Authors and Affiliations

  1. 1.Boston University School of LawBostonUSA

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