110 Iowa L. Rev. Online 82 (2024)
Abstract
Professor B. Jessie Hill’s Article, Due Process, Delegation, and Private Veto Power, revisits that perennial target of legal scholarship: the nondelegation doctrine. Bringing a fresh perspective to this well-worn topic, Hill argues that public and private delegations, normally lumped together, are better analyzed separately. Her remedy is to split up these concepts, identifying delegations that allow private individuals to exercise power over others—which she calls “private vetoes”—as its own conceptual category. This Response evaluates Hill’s decision to treat private vetoes separately. It concludes that Hill’s act of splitting up nondelegation helpfully illuminates characteristics of private vetoes. But, it also conceals as well as reveals, making it harder to notice valuable connections between private vetoes and closely related doctrinal categories.