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by istjohn 1549 days ago
Yes, it's a good thing. Otherwise there would be a great number of things our elected representatives would want to execute in law on behalf of their constituencies that they would be unable to do so because the burden of legislating in sufficient detail would be too high.

In fact, there is a legal theory gaining traction in conservative circles that seeks to neuter the federal government by arguing that Congress cannot delegate law-making to the executive branch. They argue that Congress must lay out laws in full detail instead of expressing a general intent and creating executive institutions like the EPA, FTC, and FAA to then elaborate and administer detailed regulations. The effect would be to make our laws brittle and short-sighted.

1 comments

The agencies are abusing the guidance and rule making processes in ways that are completely absurd.

When I worked in DC, I saw guidance that suggested criminal liability retroactively for selling some financial products.

Lots of petty dictators with no respect for the legislative process or limits of executive power.