Delegating Investigative Functions

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.

Delegation of Law-Making Power to Private Entities

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.