[HenryPrickett]

On what basis do you believe Congress is not allowed to delegate any power. The idea that statutes cannot allow for administrative rulemaking is some psycho libertarian bullshit because it is literally impossible to run an administrative state where the nuts and bolts (rather than just the goals, outcomes, and boundaries) of the administration of law must be handled legislatively.

Read this and do better https://constitution.findlaw.com/article1/annotation03.html.

[coolhand2120]

The courts disagree.

https://reason.com/2023/11/13/gun-hobbyists-and-liberty-win-...

Agencies cannot make law. SCOTUS has repeatedly said congress cannot delegate legislative authorities to other agencies. That they do it anyway does not make it constitutional.

[HenryPrickett]

Agencies don't make law. They make rules which implement and execute the statutes which provide for their authority. This has been upheld as valid in many, many cases.

[coolhand2120]

> Congress does not have the right to delegate the authority given to them by the constitution.

> On what basis do you believe Congress is not allowed to delegate any power.

.... provides link proving point ...

> Agencies don't make law.

So you agree with me? What do you think the legislative branch of the government does besides legislate? Many times these agencies have overstepped their bounds, they are only rarely challenged on their unconstitutional behavior - lawsuits being hard and expensive. Some people even condone this unconstitutional behavior because it furthers their agenda.

Here's a better link: https://constitution.congress.gov/browse/essay/artI-S1-4-1/A...

The joke processes that NRLB has setup are the source of its own demise. If they simply follow the law and didn't make up quasi-judicial proceedings they might be fine. Like many agencies before them, the NRLB will be taken to court, the court will find that _yet another agency_ has been assuming the authority delegated to congress by the Constitution, and they will be reversed.

Maybe you can explain why that won't happen? It sounds like SpaceX has a strong case here.

[kcplate]

> Agencies don't make law. They make rules

Let’s do some role playing…

“It’s not a law, it’s a rule”

“Who made the rule?”

“The government…”

“What happens if I break the rule?”

“You could be fined or subjected to greater penalties…”

“Who enforces that?”

“The government…”

Now, let’s switch a couple of words around and see if it changes the meaning at all…

“It’s not a rule, it’s a law”

“Who made the law?”

“The government…”

“What happens if I break the law?”

“You could be fined or subjected to greater penalties…”

“Who enforces that?”

“The government…”

Seems pretty interchangeable to me.

[avs733]

I suspect several people in this thread are conflating the non-delegation doctrine with the major questions doctrine, which is a confusing narrative that has been pushed to make the major questions doctrine seem less whackado.

[303uru]

Reminder that the major questions doctrine is complete BS invented out of thin air.

[avs733]

...I assumed that was assumed :)