The Constitution draws a line between the powers of each branch of the federal government. Just like “legislating from the bench,” when Congress hands its lawmaking power to the executive, it’s not just bad policy – it’s unconstitutional. It breaks the separation of powers and leads down the road to total tyranny. In this episode, we dig into the forgotten cornerstone of the Constitution: the non-delegation doctrine.

Path to Liberty: April 7, 2025

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Constitution for the United States

James Madison – Federalist 45 (26 Jan 1788)

Nick Szabo – Origins of the Non-Delegation Doctrine

John Locke – Two Treatises of Civil Government (1689)

St. George Tucker – View of the Constitution of the United States (1803)

James Wilson – State House Yard Speech (6 Oct 1787)

Luke Wake – Taking Non-Delegation Doctrine Seriously

Montesquieu – The Spirit of Laws, Vol. 1, Book XI

Episode – Anti-Federalist vs Federalist CLASH: Montesquieu and Separation of Powers

James Madison, Speech Introducing Proposed Constitutional Amendments (8 June 1789)

Ilan Wurman – Non-Delegation at the Founding

Michael Rappaport – A Judicially Manageable Nondelegation Doctrine

Aaron Gordon = Non-delegation

George Washington – Farewell Address (19 Sept 1796)

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