This is rather fascinating and I was not aware that there was a possible resurgence of non-delegation doctrine. FYI pedes, this doctrine largely comes from Article I of the Constitution.
IF (and it's a big "IF) hardline non-delegationists took over in the SCOTUS, it could have some very, very serious effects.
I'm not sure that it would destroy the administrative state, but it would certainly cripple it until Congress codified/passed laws to address all of the rules that these agencies have created over the years. That could take a very, very long time.
I would also posit that it would also result in a massive number of Executive Orders being declared null and void which would likely be mostly a good thing, although smarter, more well-read folks might disagree with that.
I would encourage everyone to read about non-delegation doctrine because it's fascinating reading. It's clearly not adhered to in this day and age and has been seriously whittled down over the past 150 years due to as best I can tell, simple convenience. It's too difficult to build an administrative monster while adhering to non-delegation doctrine.
In full disclosure, I have no legal background. Just a reasonably well educated anon that finds Constitutional law interesting. Your interpretations may vary from mine after reading up on the subject.
This is rather fascinating and I was not aware that there was a possible resurgence of non-delegation doctrine. FYI pedes, this doctrine largely comes from Article I of the Constitution.
IF (and it's a big "IF) hardline non-delegationists took over in the SCOTUS, it could have some very, very serious effects.
I'm not sure that it would destroy the administrative state, but it would certainly cripple it until Congress codified/passed laws to address all of the rules that these agencies have created over the years. That could take a very, very long time.
I would also posit that it would also result in a massive number of Executive Orders being declared null and void which would likely be mostly a good thing, although smarter, more well-read folks might disagree with that.
I would encourage everyone to read about non-delegation doctrine because it's fascinating reading. It's clearly not adhered to in this day and age and has been seriously whittled down over the past 150 years due to as best I can tell, simple convenience. It's too difficult to build an administrative monster while adhering to non-delegation doctrine.
In full disclosure, I have no legal background. Just a reasonably well educated anon that finds Constitutional law interesting. Your interpretations may vary from mine after reading up on the subject.
And if those codified/passed laws happened after the red wave midterm elections... Hmmmm