After all, our esteemed elected leaders are seemingly, more and more, are of the mind to pass such legislation that makes broad brushstrokes and “throws over the wall” the hard, detailed work to bureaucrats to actually make the law governable. In other words, legislators (both in DC and in Concord) are failing to do their actual job. Methinks most of it is because they don’t want to be pinned down to “bad stuff”, are too lazy to take the time to actually do the required work of the “devil’s in the details”, or have fallen into the myth of “let the professionals take care of it”.
A comment on this feature (H/T: Instapundit, emphasis mine):
Most scholars believe that administrative law began with the rise of administrative agencies in the late nineteenth century. Hamburger, by contrast, suggests that administrative law — by which he means legally binding rules that are developed through unilateral actions by the executive branch — has existed since colonial times and beyond, and that claims of administrative autonomy are direct descendants of the claims of the English monarchy to executive omnipotence. The Framers of the Constitution were well aware of such claims, and utterly rejected them. Yet, Hamburger argues, modern administrative law embodies precisely the evils that the Constitution and its separation of powers sought to prevent.
I keep asking legislators / Presidential candidates this question when they come onto GrokTALK! – it is part of “taking our government back”
