> Even in an alternative world where agency rule-making was totally abolished, and everything has to be enacted directly through legislation, Congress could still defer to experts to draft that legislation.
What are the odds that the experts a biased towards special interests? How many laws do you suppose congress can write in one session? How many laws will now need to be written to match the average number rules developed by all agencies per year over the past 40 years since Chevron? In practice, this will result in gigantic acts that members of congress can't read before voting, amd increase the likelihood of loopholes. Which is intentional, IMO.
Frankly, when the judges and politicians who believe there are too many rules/too much government and decry government dysfunction suggest the answer is more rules or better laws (completely disregarding self-professed dysfunction), I won't take their words at face value, the sudden confidence in government competence and efficiency is likely tactical in pursuit of "dismantling the administrative state" (an actual stated goal).
What are the odds that the experts a biased towards special interests? How many laws do you suppose congress can write in one session? How many laws will now need to be written to match the average number rules developed by all agencies per year over the past 40 years since Chevron? In practice, this will result in gigantic acts that members of congress can't read before voting, amd increase the likelihood of loopholes. Which is intentional, IMO.
Frankly, when the judges and politicians who believe there are too many rules/too much government and decry government dysfunction suggest the answer is more rules or better laws (completely disregarding self-professed dysfunction), I won't take their words at face value, the sudden confidence in government competence and efficiency is likely tactical in pursuit of "dismantling the administrative state" (an actual stated goal).