3 ms·
There is a lot going on here that is great, but there is one piece that is a little tough to chew. > Basically, if the conservative wing gets their way, two th
by rmrfstar 6y ago
There is a lot going on here that is great, but there is one piece that is a little tough to chew.
> Basically, if the conservative wing gets their way, two things will happen: Executive agencies will lose their ability to create regulations, and independent agencies will cease to exist.
It is not helpful to frame this as a left/right struggle. By not helpful, I mean it is not a useful mental model for predicting outcomes. It will also tend to alienate natural allies that come from a different political stripe on other issues.
For example, it was Justice Scalia who wrote the Chevron opinion [1]. Chevron basically says "an agency is granted enormous deference when it interprets the meaning of statutes that grant it authority." In other words, a noted conservative ceded tremendous authority from the judiciary to the executive agencies. The left/right mental model would not have predicted that outcome.
I find that a more useful mental model is, "what do business interests want, and to which industry has the political actor pledged his/her loyalty?" It is important to take into account conflict among the varied business interests. See, e.g. [2]
> [I]nstead, they'll just take already written legislation directly from lobbyists, and it won't be subject to the usual rules around public comment and notice
If you think the notice and comment process is less broken than Congress, I would encourage you to take a look at the comments from the Fed/SEC/CFTC Dodd-Frank rule-making. Rule-making is where Dodd-Frank died.
[1] https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natural_Resources_Defense_Council,_Inc https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natura....
[2] https://scholar.princeton.edu/sites/default/files/mgilens/files/gilens_and_page_2014_-testing_theories_of_american_politics.doc.pdf https://scholar.princeton.edu/sites/default/files/mgilens/fi...