The Remnant with Jonah Goldberg cover image

Noah, Can You Paradigm?

The Remnant with Jonah Goldberg

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Is There a Delegation of Authority in the Statute?

In the sixties, eager beaver lawyers decided life would be better if we just had more control over the whole economy. And it's not really clear, but we have a strong policy preference as a court to give agencies a hand in expanding their regulatory authority. We only ever made one competition rule. It had to do with the critical aspect of our society, which is men's and voice tailored clothing. The rule was never enforced and it was withdrawn. But i think this raises a question of whether constitutionally, even if congress did intend to give that kind of power to an agency, that that would not comport with our view of the separation of powers to day another.

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