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by dctoedt 3117 days ago
You're saying the delegation doctrine is unconstitutional? That (Supreme Court) ship sailed decades ago, so what's your view on Marbury v. Madison's doctrine of judicial review?
1 comments

I think J.W. Hampton was rightly decided, but that the “intelligible principle” formulation led later New Deal-era courts astray. The framers might have envisioned Congress delegating the authority to adjust import duties, but I don’t think they envisioned executive agencies fashioning entire codes of law in specific areas, including creating crimes. I agree that the Supreme Court gets to say what the law means, but also agree with Scalia that stare decisis is a matter of policy, not dictate, and the Court could revisit the issue and decide to actually enforce separation of powers.