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by pfannkuchen
480 days ago
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A lot of people don’t like that “regulation” has been delegated to unelected agencies instead of having congress make laws. Is the current structure of agencies with delegated regulatory powers specified in the constitution? I don’t think so. It isn’t explicitly forbidden, but it’s not like it’s what the founders had in mind or wrote down. The current administration’s approach is activist in the sense that it would be more direct to just outlaw the current structure via congress. I suspect that isn’t possible at the moment due to the entanglement of corporate interests, regulatory agencies and lobbying money. Activist action isn’t exactly new though. Maybe it hasn’t happened on the right wing as much in America in living memory, it feels like they felt like they were above it for a long time. They don’t feel like that anymore. |
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The reality is that Congress has been effectively neutralized as a law making institution for at least two decades, barely able to do more than pass the budget and one or two big items per election cycle. The dream of people like Elon Musk and Mark Zuckerberg and all the others is that the executive state will be similarly neutered, unable to effectively regulate any kind of big business interests.
The vast majority of the American people neither knows nor cares about the difference between a law that Congress passed and a regulation enacted by an agency of the executive (or between those and state lawd or even city regulations, much of the time). They care whether those rules are useful or detrimental to them. This is why agencies like the CFPB, that Musk and Trump have essentially dismantled (much to Mark Andreesen's delight, I'm sure) was extremely popular: normal people could see how it helped them or their friends. They didn't care that it was pursuing regulations not directly codified by Congress.