> You honestly think it's a good system to have congress be the ones legislating on every new way companies come up with to pollute?
Absolutely not, and nobody (including SCOTUS in their ruling) says that they have to. Congress can still delegate authority to agencies, but at a certain point the agencies are limited in what they can do unilaterally without specific legislation.
> All of this assume a functional congress which we absolutely don't have. I'm working with the cards dealt, you want to imagine some pie-in-the-sky idea of how congress should function.
I agree that Congress is entirely dysfunctional. But I think that this sort of unconstitutional power that they've been so happy to delegate to the Executive has absolutely played a role in getting us the dysfunctional Congress we have today.
You can call it "pie-in-the-sky" but letting Congress continue to skate by without doing their jobs and letting Executive branch agencies unconstitutionally usurp the authorities of the other two branches is something I'm glad to see put to an end.
We can hold Congress accountable. I can't say the same for nameless, faceless bureaucrats.
I have neither the faith nor hope that congress will act so from my perspective this is only a bad thing no matter how much "It's the right ruling given the law/constitution", it along with other recent decisions.
A lot of the "it's the right interpretation" crowd seems to be completely uninterested in who gets hurt in the meantime and seem to look at it as if it's just cold logic executed in a vacuum. These ruling have real consequences and no amount of "congress should act" or "this was their job"-thinking will fix that. It also doesn't address the outsized power that some states/parties have, I grow less and less sure we are actually able to hold congress accountable.
Though I will say I hope for the future you foresee, I just can't see it becoming reality.
Absolutely not, and nobody (including SCOTUS in their ruling) says that they have to. Congress can still delegate authority to agencies, but at a certain point the agencies are limited in what they can do unilaterally without specific legislation.
> All of this assume a functional congress which we absolutely don't have. I'm working with the cards dealt, you want to imagine some pie-in-the-sky idea of how congress should function.
I agree that Congress is entirely dysfunctional. But I think that this sort of unconstitutional power that they've been so happy to delegate to the Executive has absolutely played a role in getting us the dysfunctional Congress we have today.
You can call it "pie-in-the-sky" but letting Congress continue to skate by without doing their jobs and letting Executive branch agencies unconstitutionally usurp the authorities of the other two branches is something I'm glad to see put to an end.
We can hold Congress accountable. I can't say the same for nameless, faceless bureaucrats.