On Monday, I started serial-blogging my article, The Myth of the Federal Private Nondelegation Doctrine, which has just come out in the Notre Dame Law Review. I continued this yesterday, and I'll continue serial-blogging it here over the next couple of days. This is a timely issue, because of the horseracing case currently pending in the Fifth Circuit (in which I filed an amicus brief on behalf of the Reason Foundation and others). Here's Part II.A, explaining how there are no nondelegation doctrines specific to private parties — beginning with the Nondelegation Doctrine of Article I. (Please be sure to refer to the real version if you want all the footnotes!)
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II. No Private Nondelegation Doctrines