Delegation has no basis in the Constitution, it was New Deal BS - nowhere does the Congress have the right to hand over lawmaking authority to the Executive.
The other utterly un-Constitutional law making is from the Bench whether Federal or State. Mr. Marshall was just bitter that his nemesis Jefferson got to write all this stuff down so he thought he’d bone him with a little power grab. Marbury v. Madison should be explicitly reversed, and the applicability of any law dealt with on a case by case basis.
I fully agree.
In Marbury, SCOTUS faced a question of its own jurisdiction. There wwere two authorities jocking for superiority on that question. One authority was the constitution, which did not confer jurisdiction to SCOTUS for this case, the other was a statute that could be read to give jurisdiction. SCOTUS decided the constitution was superior to the stature, and found that it lacked jurisdiction to decide the case.
“Delegation has no basis in the Constitution, it was New Deal BS - nowhere does the Congress have the right to hand over lawmaking authority to the Executive.”
True, that. As we all know, the only delegating in the Constitution is that of certain enumerated powers from the People to States and to the Federal government.
Letting agencies set so many of the implementing rules is Congress’ way of deflecting our anger from them to the Executive Branch agencies. Congress allowing the agencies’ detailed implementing measures to stand as public without congressional approval is dereliction of duty.