3 ms·
It's not judicial supremacy other than the constitutional authority of the courts to interpret the law. Congress still passes the law - if they want it to be in
by sershe 3y ago
It's not judicial supremacy other than the constitutional authority of the courts to interpret the law. Congress still passes the law - if they want it to be interpreted differently, they can just be more specific. In this case especially, it improves checks and balances - judges will check the executives, instead of executive-appointed quasi-judges with obvious incentive issues.
Frankly while I don't think the "originalist" interpretation here is correct, clearly early congresses delegated broad and vague authority to executive in various matters, I actually think it's one of the weaknesses of the original intent of the founders. I assume, given that the early American elite was a relatively small group of people with a lot in common, they didn't foresee the need to micromanage each other in such matters.
Now that executive employs millions of people, I think it's necessary. Like, when CDC can suspend probably the most common private contract in the country (rent) under the delegated authority to fight diseases, this is a step too far for me; and even if you don't think so, what would you think of China-style extreme lockdowns? There needs to be a way to draw the line over vague delegation of power. If IMPROVES checks and balances - judicial can check the executive. Congress can still explicitly give executive the authority it needs and override the judges.
Same for NLRB - pass labor law as the normal laws that the normal judges can interpret.
Next stop, make Commerce Clause unimportant again ;)