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If congress cannot delegate A1 S8 powers to the executive then the EPA, ATF, DEA, etc and most the regulatory apparatus all come crashing down. Which might be
by ty6853 1y ago
If congress cannot delegate A1 S8 powers to the executive then the EPA, ATF, DEA, etc and most the regulatory apparatus all come crashing down.
Which might be a good thing, but we've long since abandoned making congress actually use the legislative process each time these decisions are made.
- toss1 1y agoOf course congress can delegate powers, and yes, it is certainly necessary for implementing regulations. Plus, abandoning the Chevron decision framework was IMO, a very bad move by SCOTUS, but respecting the SCOTUS decision in that case makes this even worse. In this case, Congress actually DID delegate those powers specifically for emergency use. Arrogating power that was NOT delegated by congress by declaring ordinary condition a bogus "emergency" in order to circumvent congressional control is undermining the democracy. If congress wants to implement broad tariffs, or enable the executive to engage in tariff and trade wars at will, it is welcome to do that. But, congress has NOT yet done so. Until it does, this is at best an abuse of executive power, and whether the intent of the usurpation is good or evil is irrelevant.