Volkh Conspiracy has a guest poster writing on the "nondelegation doctrine", the idea that Congress should grant power to the executive only with strict guidelines.
For anyone interested but too lazy to go to the Reason magaizine, here's my comment:
Volkh Conspiracy has a guest poster writing on the "nondelegation doctrine", the idea that Congress should grant power to the executive only with strict guidelines.
For anyone interested but too lazy to go to the Reason magaizine, here's my comment:
“Major policy decisions”? Do we know what that means? There’s a standard of economic impact of $100 million for regulations–but that’s been unchanged since it was first adopted in the 1970s in relation to inflation concerns, not policy.
Arguable the USDA/Trump decision to spend billions from the Commodity Credit Corporation was a major policy decision. But it wasn’t particularly controversial, because it was too esoteric and there were no significant opposing voices to make a fuss. https://www.forbes.com/sites/stuartanderson/2020/01/21/trump-tariff-aid-to-farmers-cost-more-than-us-nuclear-forces/?sh=4fe7a4966c50
I suspect the operational definition is an issue about which there’s a big fight between the parties and/or interest groups. I think the reality is such issues don’t get resolved in legislation, just kicked down the road to the faceless bureaucrats who can be blamed if they screw up and/or offend people.