Faith-Based and Community Initiatives: Unconstitutional Delegations of Executive Power

Abstract

Federal payments to religious groups that provide social services amount to an improper delegation of the executive power in violation of the non-delegation doctrine. It is proper for the executive branch to involve itself in the provision of social services to needy Americans, but delegating that task to private religious organizations is a misuse of power. The executive would do much better to centralize the administration of federal funds rather than disbursing money to hundreds of small service providers, many of whom require recipients to accept the group's evangelizing in exchange for social services.

Keywords: Executive Power, non-delegation doctrine, federal payments to religious groups, misuse of power

JEL Classification: K10, K30, K39