Comment Re:Making this about race, really?? (Score 1) 67
What I SAID was 'why should the administrative state be able to make regulations that have the force of law?'
Because a law passed by Congress actually *requires* what you are calling "the administrative state" to draft those regulations. The executive branch can't regulate something just because it thinks doing that would be a good idea. There has to be a law directing the executive branch to draft such a regulation.
Now if you actually look in the Code of Federal Regulations (CFR), you will see that each and every regulation in the CFR cites a *statutory authority* -- that is to say a law passed by Congress which compels the executive branch to draft a regulation about such an such a thing. For example 40 CFR Part 50, a regulation written by the "administrative state", cites 42 USC 7401 a statute passed by Congress.
Note that I say the statutes "require" and "compel", not "empower" and "enable". That's bcause the executive branch has no choice in the matter. It *must* issue a regulation if so directed by statute, even if it disagrees with that statute. This is why regulations don't just disappear when an anti-regulation president gets elected. An administration can tweak regulations to be more favorable to business, but if they go too far in undermining the intent of the statute they'll get sued for non-enforcement of the law (e.g., this).
So if you think an adminsitration has overstepped its statutory authority with a regulation, and you have standing, you can sue to have the regulation amended. But if you fail in your suit, you won't be able to fix it by electing a President who agrees with you. You need a Congress which will repeal the statory authority for the regulation.
If your information on this stuff from political news channels, you can be forgiven for thinking government bureaucrats just make up regulations on their own initiative, but it just doesn't work that way.