This testimony discusses the non-delegation doctrine. It also discusses the tendency of executive agencies to eschew rule-making (which is subject to notice and comment) in favor of issuing guidances and why that tendency is often an abuse. It also gives two examples of guidances issued by the Department of Education's Office for Civil Rights that go beyond what the statute they purport to interpret allow. The first such example is its Dear Colleague Letter issued on April 4, 2011 (often called “the Sexual Violence Guidance”). The second example is its Colleague Letter dated May 13, 2016, jointly issued with the Civil Rights Division of the Department of Justice (often called the “Transgender Guidance”).