Delegating Democracy - The Siphoning of Immigration Power from Congress to the States and Administrative Agencies, and the Need for a New Approach."


Oleg S. Kobelev


The paper's central thesis is that a doctrine of non-delegation in conjunction with the plenary power of Congress in the area of immigration law makes it possible for Congress to escape its democratic responsibilities to the voters by allowing it to shove difficult or unpopular decisions to the administrative agencies with little oversight or accountability to the public. This paper proposes a new constitutional approach to the delegation theory in the context of immigration - a theory of explicit delegation.


Immigration Law

Date of this Version

September 2006