Quote:
Originally Posted by detbuch
The doctrine of nondelegation is not emotional. It is based on separation of powers in constitutional governments. It is a long standing principle pre-dating our own Constitution.
Per Wikipedia:
"The doctrine of nondelegation (or non-delegation principle) is a theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers. The non-delegation doctrine stands for the principle that Congress cannot delegate its legislative powers or lawmaking ability to other entities. This prohibition typically involves Congress delegating its powers to administrative agencies or to private organizations."
It was not significantly questioned until the FDR administration appointed enough Progressive SCOTUS judges to allow a so-called "implied" power of Congress to delegate power to agencies other than Congress itself so long as Congress provides an "intelligible principle" to do so.
Well, of course, "intelligible principle" can be totally subjective, or, as you say, even emotional in derivation.
The FDR administration ravaged the Constitution, as admitted by one of FDR's Braintrust members Rex Tugwell, and basically reduced it to a matter of opinion.
There are currently suggestions that the nondelegation doctrine may be revisited in SCOTUS.
That would be nice, especially if we have enough "originalist" oriented opinions on it. I wouldn't bank on it.
But my contention is not based on "emotion." Not that emotion would not, or should not, be part of the equation.
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I forgot you believe in Originalism that’s like being a flat earth believer
It’s just an excuse to avoid the truth of the reality we actually live in.
Not 13 colonies and it. 2.5 million people and but 50 states and there. 334.9 million citizens. (2023)
But we’ve had this discussion before. Let’s move on.. and i actually I would rather have this conversation in person.. because I honestly can’t compete with your writing skills. And that’s not being sarcastic.. it’s a compliment
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