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Congress created the FTC, congress could eliminate or curtail the FTC's power. Some have argued that it's unconstitutional for congress to give away its power
by aidenn0 3y ago
Congress created the FTC, congress could eliminate or curtail the FTC's power.
Some have argued that it's unconstitutional for congress to give away its power (even conditionally) in this way, but AFAIK that's a rather fringe legal theory. Certainly the FTC has existed for over 100 years at this point, so there's been plenty of time to challenge it.
- no_wizard 3y agoThe same fringe legal theory that is likely to win in the Chevron Deference case[0] before the Supreme court, which will gut agencies (including the FTCs) ability to regulate things in this manner? [0]: https://www.scotusblog.com/2024/01/supreme-court-likely-to-discard-chevron/ https://www.scotusblog.com/2024/01/supreme-court-likely-to-d...
- aidenn0 3y agoNot even remotely the same legal theory; the theory there is that the courts should be able to review regulations the agencies make for e.g. if there were less burdensome ways to accomplish the same goal even when the regulations themselves are "reasonable"
- cryptonector 3y agoThe major questions doctrine announced in W. Virginia vs. EPA, and the upcoming, likely reversal of Chevron together will greatly limit the Congress' ability delegate power broadly to the Executive. You might call that a "fringe legal theory", but it seems poised to be the legal theory of the land.