A well-known rule of administrative law is delegatus non potest delegare: the beneficiary of a statutory power cannot delegate its exercise. This is only a rule of construction, though, and is subject to the famous Carltona exception, pursuant to which civil servants can act in the name of a minister named in a statute. A […] Read more

Last week the U.S. District Court for the District of Columbia upheld against constitutional challenge a delegation of power to Amtrak to develop performance standards. One of the grounds on which the challengers in Association of American Railroads v. Department of Transportation relied was that Amtrak was a private entity. American constitutional law doctrine looks […] Read more