Last word on nondelegation doctrine and Major Questions Doctrine

 

Nondelegation Doctrine (no delegation)

 

 

Major Questions Doctrine—a compromise that allows infinite delegation on Minor Questions but requires a clear statement delegating such major questions to executive agencies. All delegations are allowed, but major delegations require a clear statement of Congressional intent.

 

 

“As You Wish” Judicial Deference to Congressional Acts giving vague but broad delegation (nearly infinite delegation)

 

How clear must the clear statement be under the major questions doctrine?  Must it be very specific as to details? What if in Biden v Nebraska Congress authorized "The Secretary of Education to modify, waive, cancel, or supplement any provision of the Heroes Act including with respect to major issues of economic, political, or social policy? Good enough? I don't know, but it seems to do what the Court said Congress must do to authorize rule-making with respect to issues of major political or economic significance. We shall see how this body of law develops.