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by SlightlyLeftPad 391 days ago
Isn’t it actually more accurate to say that they _can_ delegate power and while unconstitutional, it remains in effect until challenged by the judicial branch?
1 comments

You can make that argument about literally anything, so it's not especially meaningful or worth noodling on in a thread.
I disagree, it is worth talking about because the impacts of delegated decisions made impact real people in meaningful ways while those may or may not be challenged in court. To say a branch can’t delegate absolute authority is also a mischaracterization of reality. Assuming orders are challenged in the first place, it often drags on for many months or years leaving the impacts in effect until that concludes.
It's a classic example of an argument that proves too much. It might be correct, but it's not useful.