> If the highest law of the land requires your OS to be a micro kernel, then sorry you’re not putting the GUI in kernel space, even if that would improve perfor

> If the highest law of the land requires your OS to be a micro kernel, then sorry you’re not putting the GUI in kernel space, even if that would improve performance. And if you’ve already done that, well we gotta rip it out. Except nothing in the highest law in the land requires the OS to be a micro kernel. The nondelegation doctrine [0] arose from a needlessly-cramped (and result-oriented) interpretation of the Constitution's grants of federal power. That interpretation was correctly jettisoned in the New Deal's response to the societal threats posed by the impact of the Great Depression. Again: • The vast majority of software users couldn't care less whether the OS is a micro kernel — they just want code that works, with reasonable reliability and efficiency. If it's not unreasonable to describe the existing OS as being a micro kernel, then let's just move on. • By the same token, the vast majority of citizens don't care how government is structured, they just want responsive, reliable service that doesn't needlessly intrude on their lives and isn't excessively costly. It's not at all unreasonable to say that delegation to agencies is not inconsistent with the Constitution's grants of federal power. So let's just move on and spend our time and energy on actual problems, instead of trying to return to the imagined doctrinal purity of yesteryear. • When actually changing the "kernel" (the Constitution) is difficult or impossible, as now, then workarounds are needed. Moreover, trying to do a complete rewrite of the running production system (i.e., a constitutional convention, à la 1787) would be reckless. • The administrative state is not unaccountable — we still have elections (at least for now), and administrative regs do change when administrations do, as we've seen repeatedly in recent years. [0] https://www.law.cornell.edu/wex/nondelegation_doctrine https://www.law.cornell.edu/wex/nondelegation_doctrine (which has links to selected law-review articles at Penn, Notre Dame, and Stanford).