Comment Re:Authority (Score 1) 234
The legal theory is the delegation of powers. Congress delegated the power to write legislation within a certain scope, breadth, and depth, to the executive branch of government, authorizing it to set up an agency to manage same.
The question, though, is does that delegation extend beyond the term of the current congress?
It seems it would be unconstitutional to legislate away the law making power of future congresses.