Legislative power cannot be delegated to hands other than the people’s choice

Evidence

Fourthly, The legislative cannot transfer the power of making laws to any other hands: for it being but a delegated power from the people, they who have it cannot pass it over to others. The people alone can appoint the form of the commonwealth, which is by constituting the legislative, and appointing in whose hands that shall be. And when the people have said, We will submit to rules, and be governed by laws made by such men, and in such forms, no body else can say other men shall make laws for them; nor can the people be bound by any laws, but such as are enacted by those whom they have chosen, and authorized to make laws for them. — John Locke, Second Treatise of Government, 174

Categorization

• DEFINE: Establishes the non-delegation doctrine of legislative power — that what the people grant cannot be re-granted by the legislature to others.
• XREF: connects to: The people permanently retain the supreme power to replace their legislative — John Locke, Second Treatise of Government, 186; The legislative power’s location determines a government’s entire form — John Locke, Second Treatise of Government, 159; Delegated discretionary authority need not reduce freedom when properly constrained — Frank Lovett, Republicanism, 31 (+2 more)

Related

• The legislative power’s location determines a government’s entire form (similarity 0.83)
• The people permanently retain the supreme power to replace their legislative (similarity 0.81)

Broader Connections

• Democracy minimally requires popular authorization of laws and shared power #expands (0.80) — Wendy Brown, Undoing the Demos, 362
• Delegated discretionary authority need not reduce freedom when properly constrained #qualifies (0.75) — Frank Lovett, Republicanism, 31
• Congressional acts conflicting with the Constitution are void #contradicts (0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1374