Comment Re: Right decision, wrong reason? (Score 3, Interesting) 109
Actually, it is Congress' obligation to be extremely specific in the laws they write. The nondelegation doctrine is an important concept in American jurisprudence.
J.W. Hampton, Jr., & Co. v. United States helped establish the rules under which power can be delegated, essentially stating that Congress has to establish an "intelligible standard" for the executive or legislative branch.
Congress can't simply tell the executive branch, "Hey, you guys control pollution so we can have a clear sky." Congress has to establish an intelligible standard upon which an administrative agency can build regulations AND Congress has to grant the power to the agency to establish those rules. Typical statutes might read, "...xxx agency is empowered to institute regulations in support of this statute."
The function of the executive agency was not to create rules but, rather, to faithfully enforce the laws of the United States. The fact that Congress has found numerous ways in order to delegate its power to the executive agency doesn't change the fundamental design of the system. This delegation of power is what's lead everyone to believe the executive branch holds more power than it really does.
The most unfortunate thing about Congress' abdication of power to the executive branch using so many specific delegations is that we've created a situation in aggregate where the executive has an almost blanket delegation of Congressional power; a delegation that would be unconstitutional if granted via a single Congressional action.