What standard governs permissible delegation to agencies?

What standard governs permissible delegation to agencies?

• A. Intelligible principle
• B. No delegation is allowed
• C. Clear and strict delegation with full powers
• D. Uniformly-approved delegation

Answer: (A)

Delegation is allowed if Congress provides an intelligible principle to guide the agency’s use of discretion. This means Congress gives a workable standard that channels and limits the agency’s choices while enabling it to fill in details to implement policy. The phrase “intelligible principle” captures the balance: Congress must set enough guidance to prevent unfettered power, but need not spell out every step. That’s why this option is the best: it reflects the constitutional allowance for delegated rulemaking so long as there is a guiding standard. The other ideas miss the point: there isn’t a rule prohibiting delegation altogether, nor a requirement for “full powers” or a universally approved form of delegation.

Delegation is allowed if Congress provides an intelligible principle to guide the agency’s use of discretion. This means Congress gives a workable standard that channels and limits the agency’s choices while enabling it to fill in details to implement policy. The phrase “intelligible principle” captures the balance: Congress must set enough guidance to prevent unfettered power, but need not spell out every step.

That’s why this option is the best: it reflects the constitutional allowance for delegated rulemaking so long as there is a guiding standard. The other ideas miss the point: there isn’t a rule prohibiting delegation altogether, nor a requirement for “full powers” or a universally approved form of delegation.