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Here's a novel idea: regulations should be created by the congress, not by the President.
by notliketherest 9y ago
Here's a novel idea: regulations should be created by the congress, not by the President.
- vivalibre 9y ago"Today, Congress passed a bill in both houses requiring airlines to disclose baggage fees. Riders to the bill also funded $100M for pork-related research in Alabama."
- shakethemonkey 9y agoLaws. Those are called laws. Regulations are lawmaking delegated to the executive branch.
- DaiPlusPlus 9y agoI thought regulations are laws, just with a focus on technical details that can be changed more frequently and easily.
- shakethemonkey 9y agoThey often have the force of law (if permitted by statute), but they are definitely not law.
- rgbrenner 9y agoThe executive branch is granted authority by Congress to issue rules. This saves the congress from writing every detail into each law. It's similar to pork -- congress can write: spend $X on whatever; or they can write: spend $1 on project A, $2 on project B, etc with a final total of $X. If congress writes the first, then the executive branch will make the decisions about the specifics of how $X will be spent. If congress does not want the executive branch to decide, it's up to Congress to put the details into the law, and restrain the authority of the agencies. Federal rules can never override a law passed by congress.
- rayiner 9y agoAside from the unconstitutionality of the whole thing it’s fine.
- deleted 9y ago[deleted]
- rgbrenner 9y agoyou're a lawyer, so can you explain for me? What makes administrative law unconstitutional? Is Congress not allowed to delegate authority to the executive branch?
- jeremyt 9y agoThere’s a whole book on it - ‘why administrative law is unlawful’
- rayiner 9y agoCongress can clearly delegate enforcement authority and give the executive some enforcement discretion. But calling modern administrative regulations, with agencies that make laws and try people in front of executive-branch judges, an exercise of enforcement discretion is a reach. See: https://pdfs.semanticscholar.org/3d45/15c4f13933f50394a0a22008b19fc6187182.pdf https://pdfs.semanticscholar.org/3d45/15c4f13933f50394a0a220... > The post-New Deal administrative state is unconstitutional,* and its validation by the legal system amounts to nothing less than a bloodless constitutional revolution.
- meritt 9y agoCongress grants agencies (in this case, DOT) the authority to issue regulations as long as those actions do not go beyond their statutory authority or violate the constitution. https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf https://www.federalregister.gov/uploads/2011/01/the_rulemaki...
- marshray 9y agoIt's not a novel idea, it's an old and discarded idea. Regulatory agencies such as FDA and EPA exist because it actually takes an agency to do a competent job regulating drugs and medical devices and investigating the toxicity of effluent. They were created by Congress, but under the Executive branch.