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As a matter of public choice theory I think that over the long haul it is better to trust MTG than to imply expansive powers for unelected administrative staff. I think those delegations are often quite good, but best when construed narrowly.



Science and technology change rapidly, leaving interstitial gaps that often need quick policy-filling — difficult for most Congresses, next to impossible for the forthcoming one. Likewise, the judiciary does the damndest things and sometimes needs to be overridden or worked around quickly — and by someone who knows what they're talking about.

I see both sides of the issue. Truth be told, the Constitution does not provide for a fourth branch of government. But agencies are so ingrained in our fabric that they're not going anywhere anytime soon.


If Net Neutrality is a test case for whether science moves too fast for a bona fide, representative legislative process and should be handled instead by broad grants of power to executive appointees, then I'm comfortable picking the side of Congress over the administrative state. I think we probably agree, though, there are better cases to highlight the utility of regulations over laws!




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