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Even without Chevron, Congress can still explicitly delegate something like that to an agency.
by Georgelemental 2y ago
Even 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.