Defining Lawmaking Power

36 Pages Posted: 15 Dec 2016 Last revised: 22 Apr 2017

See all articles by Kimberly L. Wehle

Kimberly L. Wehle

University of Baltimore - School of Law

Date Written: December 14, 2016


This Article teases apart the various permutations of what the federal lawmaking power means, canvases the Court's historical treatment of that question, and describes its practical implications as a matter of both constitutional and administrative law. It proposes a taxonomy of lawmaking in an effort to bring coherence to the task of defining the lawmaking power as well as Congress's prerogative to exercise it.

Keywords: Constitutional lawmaking, legislation, Congress

JEL Classification: K19, K40

Suggested Citation

Wehle, Kimberly L., Defining Lawmaking Power (December 14, 2016). 51 Wake Forest Law Review 881 (2016), University of Baltimore School of Law Legal Studies Research Paper 2017-18, Available at SSRN:

Kimberly L. Wehle (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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