anti-delegation doctrine
The Misleading Argument Against Delegation
Agency rulemaking is limited in ways that are far different from legislative lawmaking.
It’s commonplace to say that agencies engage in lawmaking when they issue rules. Conservatives denounce this as a violation of the constitutional scheme; liberals celebrate it as an instrument of modern government. Both sides agree that in reality, though not in legal form, Congress has delegated its lawmaking power to agencies. But this is mistaking …
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