https://reason.com/2024/03/07/scotus-takes-on-federal-regulators/ HYPERLINK has full article snip New Jersey fishermen are challenging a 40-year-old precedent that gives executive agencies too much power. Separation of powers is a core concept of America's Constitution.......... We now live under an often dysfunctional system in which Congress is less inclined to compromise and legislate on tough issues, regulators are more inclined to take matters into their own hands, and courts have less power to tell executive branch officials when they have overreached........... For too long, the administrative state has run unchecked over much of American life. That might finally be coming to an end with this year's Supreme Court term end snip about time!!! This topic at first blush may not be sexy and have sizzle but, it cuts right to the core of the Constitution. For too long the unelected bureaucrats have made rules and regs that harm the regular folk. It's time for the legislative branch to get back to their actual job.
On the other hand, it would be bad for Congress to write detailed rules and regulations into law. This would result in expanded congressional staff and lobbyists writing the regulations, generally with no public notice and comment period prior to being enacted. And once enacted, they are harder to change if they don't work or result in unforeseen consequences. So keep the regulation writing process where it is, but make it easier to challenge rules and regulations. For one thing, every executive branch rule should have an expiration date after which it has to go through the notice and comment process before being reissued.
Good observation! Although concrete rules are sometimes necessary, it is also important to retain a level of ability to change, and when it comes to Congress, change is slow and often impossible. Being mired in congressional action sometimes is the last we see of a policy. What I love about this is that it's being discussed and so far, partisan politics are not involved. It's nice to see government working correctly.
So your solution to Congress being corrupt is to just move their powers over to unelected bureaucrats? Maybe fix Congress instead.
Congress is elected by the people. They are what they are. They are not experts in all the various areas of government, and their oversight role is about all that can be expected. Most of their work, as it is done today, is done by congressional staffers, who are unelected bureaucrats.
Maybe have the bureaucrats become Congressional advisors? Otherwise I don't see the point of the people having representatives at all. Why not just do away with Congress and have a panel of experts decide all policy?
I think unelected people who make big time regulations should have them approved by congress. What I'm talking about are regulations that financially or otherwise impact huge numbers of people of large percentages of an industry. Should the EPA decide what kinds of cars we drive? I say no, but their rules will eventually force us into that scenario. We didn't vote for the regulators to run our lives and we voted for politicians to protect our lives.
There are various levels of detail with the Constitution setting down the most general principles, the US Code of law passed by Congress being more detailed and comprehensive, and the regulations developed by the Executive and published in the Federal Register being most detailed. Then there are judicial precedents as to how judges have interpreted and applied the US Code and how administrative law judges have applied the regulations. It's not uncommon for Congress to pass a law that specifically mandates that the Executive develop certain regulations, provides funding for doing so, and requires reports back to Congress. That way Congress doesn't have to get into the detailed subject matter and replicate the expertise already available in the Executive.
I doubt congress is very interested in NJ fishermen. But if this regulation had to pass muster in congress, then we'd see how important this regulation is.
Something not important to hundreds of politicians from across the country isn’t proof it’s not important to the people impacted
Correct, that's my entire point. Congress may not decide to act on behalf of the people in regard to a regulation, but if it was presented to them to approve, then they would have to.
it's already crippled. Be they Democrat or Republican, the people have not been represented for some time.
the bump stock debacle and the pistol brace rule are proof enough that the Chevron Deference standard needs to go the way of "Separate but Equal" and other idiotic USSC decisions
the federal government has 6 times the power that it was properly delegated in Article One Section Eight time to start the pruning
