[jjk166]

Regulatory bodies need to be empowered to regulate, and they need to demonstrate their jurisdiction. Like the department of energy can't just start making agricultural rules because agriculture involves energy - it needs to show that congress has specifically given it power to make agricultural rules, which would be pretty unlikely given that there is a separate department of agriculture. If no one knows who is supposed to be regulating something, that's a very compelling argument that no one has been empowered specifically to regulate that thing.