3 ms·
> We need Congress to pass an act cleaning up the FTC's enforcement powers. Which is the constitutional design: Article 1. Section 1. All legislative Powers
by hirundo 4y ago
> We need Congress to pass an act cleaning up the FTC's enforcement powers.
Which is the constitutional design:
Article 1. Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
In West Virginia v. EPA SCOTUS delivered a brush-back pitch, constraining the above to "major questions". Where that line is drawn very much sets the limits of the administrative state. Taken with restraint versus expansively it can make the difference between a small government constrained in the detail of its rulemaking by the size of the legislature, and an authoritarian government with a consitutionally unlimited inventory of unelected rule makers.
- notacoward 4y agoHow did we get from enforcement powers (GP) to legislative powers (you)? They're not the same thing. It might have seemed like a good excuse to fulminate - see guidelines about that BTW- about the "administrative state" but it's really kind of a big non sequitur.
- hirundo 4y ago> How did we get from enforcement powers (GP) to legislative powers (you)? They're not the same thing. Right here: GP: Exactly what the FTC is allowed to ask for is a bit convoluted because the law isn't very clearly written. It would be nice if enforcement and legislative powers were clearly distinct, but particularly in ambiguous cases, they overlap. The scope of that ambiguity is large enough to make a large difference in the scope of the federal government, for good or not.
- deleted 4y ago[deleted]