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The Plot to Level the Administrative State

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Posted By: tisHimself, 1/16/2020 4:46:30 AM

The nondelegation doctrine, unlike most legal concepts, is less boring than it sounds. After the 1930s, it became constitutional esoterica, a relic of a bygone age in which the Supreme Court resisted efforts by Americans to regulate their own economic affairs. But it has the potential to overthrow most of the federal government if wielded in a certain way, and the Roberts court could soon give it startling new relevance.

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Reply 1 - Posted by: KatieJo 1/16/2020 5:01:56 AM (No. 289750)
if only.....the administrative state has become a monster and a blight on us all.
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Reply 2 - Posted by: doctorfixit 1/16/2020 5:48:25 AM (No. 289769)
Congress would have to exhibit some integrity to deep-six the Deep State. Ditto the federal judiciary. Never happen. The way to destroy the Deep State is to shut off the money. This will require the abolition of paycheck tax withholding as well as massive expansion of the underground economy. But as we know, the Deep State is moving in the opposite direction by making everyone an employee and abolishing independent contractors.
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Reply 3 - Posted by: jeffkinnh 1/16/2020 8:33:13 AM (No. 289890)
I think that control of money is also the issue but in another way. I think that there should be a government spending financial impact clause in EVERY bill passed and agencies MUST stay within that limit (inflation adjusted) unless additional leaway is specified. Further, that leaway should be legislatively limited across ALL bills to some reasonable amount, say $10 million. Addition expenses should have to go back before Congress for approval. Expenditures for bills previously passed should be level FROZEN until reviewed and approved by Congress and then subject to the same limits. Further, there should be an estimate of financial impact on the business community and no regulations should be passed that exceed that impact. For example, if compliance is expected to cost business $50 million, regulations, each with their own impact estimates, cannot exceed that total amount without legislative approval. In short, Congress has the power and responsibility for significant government spending and impact on business, NOT the Deep State. That would have prevented the EPA power grab under BO.
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Reply 4 - Posted by: earlybird 1/16/2020 9:12:09 AM (No. 289960)
Have we ever seen the far-Left New Republic posted here before? The view from the Other Side...
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Reply 5 - Posted by: jimincalif 1/16/2020 10:46:54 AM (No. 290097)
The article is interesting and more objective than the headline. A quote in the article from Justice Kagan - “Indeed, if Sorna’s delegation is unconstitutional, then most of Government is unconstitutional...”
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Reply 6 - Posted by: Pete Stone 1/16/2020 12:19:31 PM (No. 290191)
It's a thorny problem. In many laws, the Executive Branch, through its agencies, is directed to write regulations implementing the law. The most notorious example is environmental law. The EPA is directed (by law) to determine safe vs. unsafe levels of contaminants in water, air, and soil. The Congress is completely incompetent and unable to do that job. Scientists, for better or worse, determine these levels and then EPA issues regulations. EPA bureaucrats often display a lot of arrogance in doing this. The EPA isn't the only bloated agency deciding what the law means. The Food and Drug Administration, what's left of the Public Health Service, the USDA Forest Service, the Bureau of Indian Affairs, and many other Executive agencies show similar disregard of what the public wants. In most cases it's the fault of Congress for writing bad laws. Also note that if an agency like the EPA isn't seen as zealous enough it gets sued in Federal court by environmentalists to force it to comply with what they see as the law and write more stringent regulations! A lot of this would be remedied if the laws included a clause that final regulations must be approved by Congress. But Senators and Representatives hate that idea, because it puts the responsibility back in their hands and hurts their chances of being reelected.
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Posted by tisHimself 1/16/2020 4:46:30 AM Post Reply
The nondelegation doctrine, unlike most legal concepts, is less boring than it sounds. After the 1930s, it became constitutional esoterica, a relic of a bygone age in which the Supreme Court resisted efforts by Americans to regulate their own economic affairs. But it has the potential to overthrow most of the federal government if wielded in a certain way, and the Roberts court could soon give it startling new relevance.
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