You guys get the idea. Remember many regulations are also backed by law, and sometimes a Regulatory agency is acting within the scope of its legal creation.
Lets do a hypothetical:
"Is X law in violation of the constitution if they regulate Y"
Regardless of X and Y you could argue the federal government is acting outside the constitution.
In practice I think there do need to be regulations above state level. I think some problems are legitimately difficult to control at the state level. But is that outside the founders intention? Perhaps.
Recall explicitly that interstate commerce is a federal authority; there are lots of regulations within that pervue.
ah: I can do better.
https://www.regulations.gov/agencies
You guys get the idea. Remember many regulations are also backed by law, and sometimes a Regulatory agency is acting within the scope of its legal creation.
thanks!
But are the laws that created them Constitutional? Or do they federalize something Constitutionally protected of the states (like elections)?
Lets do a hypothetical: "Is X law in violation of the constitution if they regulate Y"
Regardless of X and Y you could argue the federal government is acting outside the constitution.
In practice I think there do need to be regulations above state level. I think some problems are legitimately difficult to control at the state level. But is that outside the founders intention? Perhaps.
Recall explicitly that interstate commerce is a federal authority; there are lots of regulations within that pervue.
And they use Interstate Commerce to regulate things they have no business doing.
19 enumerated powers. Everything else to the states or the people.
Depart of Energy Regulations for example: https://www.ecfr.gov/current/title-10
FERC...Federal Energy Regulatory Commission...
https://ferc.gov
https://www.ferc.gov/major-orders-regulations doot doot.
Department of Education: https://www.ecfr.gov/current/title-34