Would You Like Some Cheese With That Whine


Politico has a post up about how some bureaucrats and former bureaucrats are upset with Congress reviewing and repealing regulations under the Congressional Review Act of 1996. Toward the end of the post it has a quote from one of the regulators that shows his upside-down view of the constitution.

“I believe there’s a good chance that, in a legal challenge, that a court will overturn Congress’ actions here as an unconstitutional usurpation of the executive branch’s powers,” he said.

Uh, no. The ability of the bureaucrats to regulate does not generally flow from the President’s powers under Article II. It’s is generally derived from Congress delegating it’s Article I powers to the Executive Branch. What Congress can delegate, it can take back.