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PaperclipPerfector  4mo ago (text post)   23776 thread views

Culture War Roundup for the week of June 17, 2024

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I promise you such regulations change and change rapidly. Frequently removing the ability for agencies to take creative readings likely will lead to more stable law. At least this should be testable.

This was also a comment from a Circuit Court (I think the 9CA) on a set of labor law decisions where the presidential appointees on the NLRB would flip flop between two sets of precedents every so often. And hence both the opinion and the opposite opinion are inside Chevron, the courts can not prevent the actual policy from bouncing back and forth every 4-8 years.

Let me see if I can find it.

Yeah. The changes are subject to State Farm review but A&C is relatively easy to get around (eg we don’t believe that is a fair reading of the law).

I think the average American doesn’t understand just how much of law making is regulatory and how relatively limited recourse there is (because ultimately there is a single executive). Gutting chevron won’t fully change that but it is, as they say, a start.

I think you are correct on your opinions. Reading me makes me feel that this is true : “Constitutional Democracy doesn’t scale”

Nothing in the regulatory state feels Democratic to me. I guess you could say it all flows thru the executive to gain Democratic legitimacy but it’s definitely not Constitutional Democracy.

If humans were smarter perhaps we could all understand the details of every regulation and run that thru our congressmen but we are not.

I feel confident saying the regulatory state would not pass muster on what the founding fathers believed they were passing. But I don’t know what the other option would be.

One improvement potentially improvement might be direct election of all the regulatory heads. You would add more partisan politics but atleast the people would be picking the heads.

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