John Locke in his Second Treatise of Civil Government wrote: “The Legislative cannot transfer the Power of Making Laws to any other hands. For ti being but a delegated Power from the People, they, who have it, cannot pass it over to others..” Yet today, Congress routinely passes laws giving wide discretionary powers to numerous Federal agencies with little or no oversight. As a result, the Federal Courts often end up providing oversight of the agencies as law suits are filed by those negatively impacted by the rules and enforcement of same rules by quasi-independent agencies.
This excellent review of Judicial Fortitude: The Last Chance to Rule in the Administrative State by Peter J. Wallison should make you wonder why Congress has given up it’s power to unnamed bureaucrats. Is it because actually doing their job might be a bit too difficult? Are they that lazy? And, why do we as a people in our Republic allow it to continue? https://claremontreviewofbooks.com/full-court-press/
