Justices Thomas, Roberts, and Gorsuch argued in dissent that the constitutionality of such delegation needed reexamination; Justices Kagan, Ginsburg, Sotomayor, and Breyer agreed to uphold the law.
Because the case was heard by only eight members of the Court, Justice Alito proceeded in an oddball manner and provided the fifth vote needed to uphold the law in spite of his broadly agreeing with the dissenters, expressing his hope that the full court would "Reconsider the approach we have taken for the past 84 years" on the question of delegation.
Congress cannot simply pass a law declaring "Americans shall have good health care, and the secretary of health and human services is hereby empowered to do what is necessary to make that happen." A little more work is necessary.
There is a case - and it is not merely rhetorical - that the American people no longer live under a government of laws of their own making.
The business end of the federal law that most Americans deal with is the work of bureaucrats, not the work of lawmakers.
Justice Kagan may start to hear it, but there are more than a few Americans - mostly conservatives - who believe that a great deal of what we currently call government is in fact unconstitutional, who believe that what the Constitution establishes is a limited federal government of enumerated powers rather than a Napoleonic bureaucracy, and that substantive measures are needed to achieve at least a partial restoration of that constitutional order.
Which is to say, what conservatives want is the rule of law, rather than imperial bureaucracy.
https://www.nationalreview.com/2019/06/government-bureaucracy-congress-constitutional-role/
Because the case was heard by only eight members of the Court, Justice Alito proceeded in an oddball manner and provided the fifth vote needed to uphold the law in spite of his broadly agreeing with the dissenters, expressing his hope that the full court would "Reconsider the approach we have taken for the past 84 years" on the question of delegation.
Congress cannot simply pass a law declaring "Americans shall have good health care, and the secretary of health and human services is hereby empowered to do what is necessary to make that happen." A little more work is necessary.
There is a case - and it is not merely rhetorical - that the American people no longer live under a government of laws of their own making.
The business end of the federal law that most Americans deal with is the work of bureaucrats, not the work of lawmakers.
Justice Kagan may start to hear it, but there are more than a few Americans - mostly conservatives - who believe that a great deal of what we currently call government is in fact unconstitutional, who believe that what the Constitution establishes is a limited federal government of enumerated powers rather than a Napoleonic bureaucracy, and that substantive measures are needed to achieve at least a partial restoration of that constitutional order.
Which is to say, what conservatives want is the rule of law, rather than imperial bureaucracy.
https://www.nationalreview.com/2019/06/government-bureaucracy-congress-constitutional-role/
No comments:
Post a Comment