Obama’s Law school Professor: the EPA is burning the US Constitution.. EPA is attempting to exercise lawmaking power that belongs to Congress and judicial power that belongs to the federal courts..
EPA is attempting an unconstitutional trifecta: usurping the prerogatives of the States, Congress and the Federal Courts all at once..~ Laurence Tribe, a liberal constitutional scholar at Harvard University.
http://www.freerepublic.com/focus/news/3269063/posts
Reinvigorating the non-delegation doctrine would have the incidental benefit of limiting the scope of Congressional activity. It takes considerably more time and attention to craft an actual law, as opposed to endorsing an idea which is to be turned into a “law” by an agency.