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How Congress Abuses the People Through Delegation

Ray Blair

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Published in Power Without Responsibility: How Congress Abuses The People Through Delegation

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Congress has a constitutional duty to make laws. However, in recent years, Congress has increasingly delegated this power to the executive branch. This has allowed the President to make laws without the input of Congress, and it has weakened the system of checks and balances that is supposed to protect our liberties.

There are a number of reasons why Congress has delegated its lawmaking authority. One reason is that Congress is often gridlocked, and it is difficult to pass legislation. Another reason is that Congress is often unwilling to take on controversial issues, and it is easier to delegate these issues to the executive branch.

Power Without Responsibility: How Congress Abuses the People through Delegation

by David Schoenbrod

5 out of 5

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Whatever the reasons, the delegation of lawmaking authority to the executive branch has had a number of negative consequences. One consequence is that it has allowed the President to become too powerful. The President now has the power to make laws without the input of Congress, and this has given him too much control over our government.

Another consequence of the delegation of lawmaking authority is that it has weakened the system of checks and balances. The system of checks and balances is designed to prevent any one branch of government from becoming too powerful. However, the delegation of lawmaking authority to the executive branch has upset this balance, and it has given the President too much power.

The delegation of lawmaking authority to the executive branch is a serious problem. It has allowed the President to become too powerful, and it has weakened the system of checks and balances. Congress needs to take back its lawmaking authority, and it needs to do so soon.

What is Delegation?

Delegation is the transfer of authority from one person or group to another. In the context of government, delegation is the transfer of lawmaking authority from Congress to the executive branch.

There are two types of delegation: express delegation and implied delegation. Express delegation occurs when Congress explicitly grants the executive branch the authority to make laws. Implied delegation occurs when Congress does not explicitly grant the executive branch the authority to make laws, but the executive branch assumes this authority based on the powers that Congress has granted it.

Why Has Congress Delegated Its Lawmaking Authority?

There are a number of reasons why Congress has delegated its lawmaking authority to the executive branch. One reason is that Congress is often gridlocked, and it is difficult to pass legislation. Another reason is that Congress is often unwilling to take on controversial issues, and it is easier to delegate these issues to the executive branch.

In addition, Congress has delegated its lawmaking authority to the executive branch because it believes that the executive branch is better equipped to handle certain tasks. For example, Congress has delegated the authority to make war to the President because it believes that the President is better equipped to make decisions about military action than Congress is.

What Are the Consequences of Delegation?

The delegation of lawmaking authority to the executive branch has had a number of negative consequences. One consequence is that it has allowed the President to become too powerful. The President now has the power to make laws without the input of Congress, and this has given him too much control over our government.

In addition, the delegation of lawmaking authority to the executive branch has led to a decrease in transparency and accountability. The executive branch is not subject to the same level of scrutiny as Congress, and this has made it easier for the executive branch to abuse its power.

What Can Be Done to Address the Problem of Delegation?

There are a number of things that can be done to address the problem of delegation. One solution is to amend the Constitution to require Congress to approve all laws before they can be enacted. Another solution is to create a new independent agency to review and approve all laws before they can be enacted.

In addition, Congress can take steps to limit the amount of authority that it delegates to the executive branch. For example, Congress can require the executive branch to submit all proposed regulations to Congress for review before they can be enacted. Congress can also require the executive branch to submit regular reports to Congress on the implementation of delegated authority.

Power Without Responsibility: How Congress Abuses the People through Delegation

by David Schoenbrod

5 out of 5