“ When Congress seems slow to solve problems, it may be only natural that those in the Executive Branch might seek to take matters into their own hands. But the Constitution does not authorize agencies to use pen-and-phone regula- tions as substitutes for laws passed by the people’s repre- sentatives. In our Republic, “[i]t is the peculiar province of the legislature to prescribe general rules for the govern- ment of society.” Fletcher v. Peck, 6 Cranch 87, 136 (1810). Because today’s decision helps safeguard that foundational constitutional promise.” - GORSUCH
So, the same standard would be applied for executive orders/regulatory agency mandates that violate existing laws in other areas as well. Election and immigration laws are two such examples that are easy to point to.
Or it could be said that the Act burdened the EPA with policy making decisions that it did not have the budget or the expertise or the constitutional authority to make. Ultimately, if Congress makes an unconstitutional law by mistake or oversight, the president should return it unsigned. This calls into question all injury-prevention legislation. Should we be free to make stupid mistakes and get sued or charged for negligence? Looks like that decision should at least be left up to the states.
“ When Congress seems slow to solve problems, it may be only natural that those in the Executive Branch might seek to take matters into their own hands. But the Constitution does not authorize agencies to use pen-and-phone regula- tions as substitutes for laws passed by the people’s repre- sentatives. In our Republic, “[i]t is the peculiar province of the legislature to prescribe general rules for the govern- ment of society.” Fletcher v. Peck, 6 Cranch 87, 136 (1810). Because today’s decision helps safeguard that foundational constitutional promise.” - GORSUCH
"Our Republic", not "oUr dEmOcRaCy".
So, the same standard would be applied for executive orders/regulatory agency mandates that violate existing laws in other areas as well. Election and immigration laws are two such examples that are easy to point to.
Or it could be said that the Act burdened the EPA with policy making decisions that it did not have the budget or the expertise or the constitutional authority to make. Ultimately, if Congress makes an unconstitutional law by mistake or oversight, the president should return it unsigned. This calls into question all injury-prevention legislation. Should we be free to make stupid mistakes and get sued or charged for negligence? Looks like that decision should at least be left up to the states.
A. Men!