We are now explicitly on notice that the Court will likely abandon its longstanding tolerance of Congress delegating broadly to agencies. What’s at stake is the potential upending of the constitutional foundations of the so-called “administrative state.” Today’s reality is that agencies, not Congress, make most federal laws. As Justice Kagan put it, if the delegation in Gundy were unconstitutional, “then most of Government is unconstitutional.”I happen to be reading George Will's excellent "The Conservative Sensibility" which is a fairly lengthy (but worth it) explanation of how we got from Article 1, Section 1 of the Constitution -- "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." ... to today's sorry condition where we have government by an unlimited and unlawful Administrative State.
As my old blog often covered, the simple answer is "Progressivism" (which I refer to as "regressivism"). Our founders invented the completely new idea of LIMITED government and vouchsafed it via the mechanism of Separation of Powers locked in place by a hard to change Constitution. Starting in 1900, the regressives, decided to remove the limits and go back to the very OLD idea of UNlimited government via the also very old mechanism of breaking the law (the Constitution).
There is no such thing as an "easy fix", but a way to at least have a hope to START on the PAINFUL path of getting back to limited government would be getting that one more SCOTUS vote.
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