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Isn’t it actually more accurate to say that they _can_ delegate power and while unconstitutional, it remains in effect until challenged by the judicial branch?
by SlightlyLeftPad 1y ago
Isn’t it actually more accurate to say that they _can_ delegate power and while unconstitutional, it remains in effect until challenged by the judicial branch?
- tptacek 1y agoYou can make that argument about literally anything, so it's not especially meaningful or worth noodling on in a thread.
- SlightlyLeftPad 1y agoI disagree, it is worth talking about because the impacts of delegated decisions made impact real people in meaningful ways while those may or may not be challenged in court. To say a branch can’t delegate absolute authority is also a mischaracterization of reality. Assuming orders are challenged in the first place, it often drags on for many months or years leaving the impacts in effect until that concludes.
- tptacek 1y agoIt's a classic example of an argument that proves too much. It might be correct, but it's not useful.