Nonetheless, you're still not getting it. Congress passes laws. Sometimes those laws include ENABLING CLAUSES which delegate authority to agencies -- executive and/or independent -- to promulgate regulations necessary to carry out the laws. The promulgation of regulations is carried out in accordance with the Administrative Procedures Act (APA) -- another law passed by Congress. Once Congress has delegated the authority to promulgate regulations, it cannot undelegate that authority without passing another law.
What Congress cannot do is assume an executive function, such as overseeing an agency's day-to-day operation. You seem to want to divorce the bolded sentence in Art. 1, Sec. 8 from the first part of the sentence, which you cannot do. "All other powers" is modified by, "Congress shall have to power to make all laws...." In other words, Congress power is limited to legislating. They do not have the power to run agencies.
Again, if they want to cancel a regulation they can do that by amending the law or passing a new law. They can't intervene directly in the promulgation of regulations.
Last edited by AdamT; 08-15-11 at 05:10 PM.
If you analyse it, I believe the very heart and soul of conservatism is libertarianism. -Ronald Reagan
I am also known as "vauge".
Woohooo! Best thing that could have happened ... for Democrats. There was no one loonier on that stage.Rep. Michele Bachmann, R-Minn., won the Iowa Straw poll on Saturday, turning aside a surge by Rep. Ron Paul of Texas and maintaining the momenum with her rising campaign.
“I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on what’s being proposed here, he’d agree with it. He would agree that the First Amendment cannot be absolute.” - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.
Last edited by Sheik Yerbuti; 08-15-11 at 05:54 PM.