Wayman v. Southard

U.S. Case Law

1. 23 U.S. 1 (1825), affirmed the constitutional right of Congress to delegate legislative authority, thus laying the basis for the creation of the administrative state. In a unanimous opinion, the Court stated that once policy has been set by Congress according to the procedures set forth in the Constitution, the administration of that policy—the detailed making and application of rules—may be delegated to an authorized agent of the government. Thus was born the role of the federal administrator and government regulatory agencies.