Abstract
Scholars and commentators across the ideological spectrum are preparing themselves for a possible revival of the nondelegation doctrine. Nevertheless, there are clear signals that a change is on the horizon. In one of the most recent major cases involving the conventional nondelegation doctrine, Gundy v. United States, three Justices signed an opinion by Justice Gorsuch advocating the abandonment of the Court's "intelligible principle" test adopted in 1928 in J. W. Hampton, Jr. v. United States. Instead, the Justices urged the adoption of a more robust limitation on congressional delegations of authority to administrative agencies. Indeed, in many of the states that, in practice, have relatively robust nondelegation doctrines, the test employed resembles the Supreme Court's current "intelligible principle" test.