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> This should be plainly unconstitutional as the legislative branch is not empowered by the constitution to delegate its power to the executive this is a fring
by rtpg 4y ago
> This should be plainly unconstitutional as the legislative branch is not empowered by the constitution to delegate its power to the executive
this is a fringe theory not agreed to by serious people, and used in a bad faith way by people who want to just dismantle the administrative state. The only logical conclusion from that thought process is no regulatory body can exist.
Though the "big tent" about regulations being mishandled by SCOTUS is that SCOTUS will often just throw out plain text interpretation of statutes and regulations when it doesn't satisfy the majority's overall goals.
- tiahura 4y agoWest Virginia v EPA begs to differ.
- rtpg 4y agoYes I think SCOTUS is acting in bad faith. I do not believe this to be a radical point of view in this day and age. There is some navel gazing about how SCOTUS is the final say here so what they say "is right", in some sense, of course.
- phpisthebest 4y ago>>and used in a bad faith way by people who want to just dismantle the administrative stat It not in bad faith. I absolutely / 100% have the desire to dismantle the administrative state, it should not exists at all. Anyone that claims to support "democracy" should also want to dismantle the administrative state as there is nothing less democratic than a bunch of unelected bureaucrats with the power to rewrite laws, and ruin peoples lives / businesses
- rtpg 4y agoBasically every action taken by the executive, if only through the realities of selective enforcement, leads to decisions being made by "unelected bureaucrats". Unless we start voting for every cop, prosecutor, auditor, city planning official, the domain experts they bring on, etc. If you agree that delegation at some level makes sense, then we're talking about degrees of delegation being considered reasonable. But outright ruling out any form of executive delegation seems kind of hard? Your argument would apply to every level of the state after all, including your city council.
- phpisthebest 4y ago>>Your argument would apply to every level of the state after all, including your city council. That would depend on the State Constitution, and the powers it gives state governments, and the power those state governments then give the cities they authorized under their state laws That is the beauty federalism, what applies to the Federal Government does not have to Apply to State Governments.