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Or we setup a framework for agencies to be able to decide on new products and chemicals without having to rely on the increasingly deadlocked congress to pass a
by rtkwe 2y ago
Or we setup a framework for agencies to be able to decide on new products and chemicals without having to rely on the increasingly deadlocked congress to pass a new law for every little chemical or additive industry wants to add. That framework included tons of checks from both the judiciary and ultimately from Congress themselves who could overrule agencies any time they felt the agency exceeded the bounds of the authority given to them.
Even if we didn't have a near dysfunctional Congress there are so many small decisions on regulations it would take up most of their time passing them individually. No matter how you slice it there's a need for something like the delegation of powers to agencies to keep up with modern industry.
- Georgelemental 2y agoEven without Chevron, Congress can still explicitly delegate something like that to an agency.
- rtkwe 2y agoWe've yet to see what regulation looks like without Chevron. How specific does a delegation have to be will likely depend a lot on the court hearing the case. Is Bitcoin a security or something completely new that the SEC has no jurisdiction over because it doesn't fit cleanly into any definition written by Congress because it wasn't imagined the last time we managed to pass anything in this country? Can the EPA or FDA regulate a new chemical or is the mandate from Congress too broad to allow them to decide that the new chemical is dangerous to human health?
- falcolas 2y agoEven if they do write another power delegation law, it's not like the law can't be overturned by the courts if they want to keep their new power.