The big picture is so simple. The Constitution is there to allow government but prevent tyranny. Letting an executive agency do whatever it wants or whatever a president tells it to do is a clear recipe for tyranny. The Supreme Court is doing the Lord's work here, putting our government back on a Constitutional basis. Great article (again), Dar!
As I mention in the article, there's some debate in the legal academy whether the administrative regulatory state is even constitutional, because it combines the powers of our three branches of government into one. Legislative power, in the form of administrative regulations having the force of law, and judicial power (many agencies have their own "administrative law judges," or ALJs, which rule on violations of the agency's regulations, but are not federal judges under Article III of the Constitution, but instead are executive branch employees), and all part of the executive branch, subject to executive orders by the President.
Pretty unconstitutional if you think about it from the standpoint of separation of powers, the overall structural design of our Constitution.
The big picture is so simple. The Constitution is there to allow government but prevent tyranny. Letting an executive agency do whatever it wants or whatever a president tells it to do is a clear recipe for tyranny. The Supreme Court is doing the Lord's work here, putting our government back on a Constitutional basis. Great article (again), Dar!
As I mention in the article, there's some debate in the legal academy whether the administrative regulatory state is even constitutional, because it combines the powers of our three branches of government into one. Legislative power, in the form of administrative regulations having the force of law, and judicial power (many agencies have their own "administrative law judges," or ALJs, which rule on violations of the agency's regulations, but are not federal judges under Article III of the Constitution, but instead are executive branch employees), and all part of the executive branch, subject to executive orders by the President.
Pretty unconstitutional if you think about it from the standpoint of separation of powers, the overall structural design of our Constitution.
Excellent column.
Thanks!
Great article and a very good read! Thanks for posting it, Darulharb!
Thanks.