Anchoring Truths Assistant Editor Ted Hirt reviews a collection of essays edited by Peter J. Wallison and John Yoo titled "The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine." In two entries, Hirt reviews the authors' recommendations and offers his own opinions on how to revitalize the nondelegation doctrine.
We've included an excerpt from the review below.
"First, and foremost, Congress needs to marshal its will and resources to craft more precise laws. Statutes that enable agencies to issue rules without specific criteria do nothing to improve the situation. But, since Congress can delineate complex tax laws, there is no reason that it cannot address other areas of regulation and express a law’s scope specifically. More clearly defining what is permissible or “off limits” for regulation of the affected private industry, with agency rules “filling in the details,” will cabin agencies’ discretion."
You can read the first part of the review here. Click here to read the second part.