“so you use unelected regulatory officials and lawyers to draft regulations and enforcement policies that carry out a political agenda that the people don’t favor”
The essence of the problem
Should be able to craft a law that covers the distortion of the intention of the law by judicial or executive fiat. The legislative branch needs to protect its Constitutional mandate.
I’ve found it fascinating that a bill becomes a law when congress passes it and the president signs it, yet agencies like the EPA can create rules out of thin air and suddenly they are enforced as though they were supported by the rule of law just as a “real” law is.
It would be interesting to see someone violate an EPA rule with impunity and take it all the way to the SCOTUS with the argument that, though they can pass “rules”, there is no authority to enforce them until the Congress creates a matching bill, passes it, and it gets the president’s endorsement.
Something like this happened with prohibition. The 18th amendment had to be followed up by the actual enforceable laws. On it’s own, it didn’t do anything other than allow them to create the laws that were then enforced.