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Congress Cannot Delegate Its Power to Define Crimes

Original: Congress Can’t Delegate Away Its Power to Define Crimes

The Cato Institute argues that Congress cannot hand off its constitutional authority to define criminal conduct to other bodies or agencies. The piece contends that the power to determine what conduct is a crime rests solely with the legislature under the Constitution. The argument feeds into ongoing debate over the scope of federal criminal law and agency power.

Why now: Ongoing debate in the United States over congressional delegation of authority and the growth of federal regulatory crimes.

Cato InstituteUS Congress

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