Comment Re:Judges, that's who! (Score 1) 299
Umm...
Perhaps it has escaped your notice, but we are not talking about legislation here. We are talking about regulation given the force of law without going through the legislative process. And the justification Congress always gives for abdicating their responisibilty to enact legislation in these cases is because the matters require far more technical expertise than Congresscritters can reasonably be expected to possess. This is not an unreasonable argument.
So, they create a bureaucracy which is supposedly composed of people with the technical expertise to craft regulations that will address those technical details specifically. And further, said bureaucrats can always change those rules to prevent obsolesence rather than waiting to see how the judicial system will rewrite them later.
I'd favor keeping the bureaucrats, but requiring their proposed regulations to be subject to a straight up/down vote in Congress (no committess, no amendments - Congress admits they can't be expected to be experts in these areas) and from there presented to the President like any other proposed bill.