← Back to context

Comment by nielsbot

3 hours ago

The current path is replacing bureaucratic power with unchecked executive power which is the opposite of what you want. Bureaucrats who must follow the rule of law is what you want.

>Bureaucrats who must follow the rule of law is what you want.

Under Chevron we had the opposite of that: bureaucrats who had ridiculously wide latitude to make their own rules.

What we actually need is for congress to take back control instead of passing all power and authority to the executive branch.

  • Are you saying Congress should be domain experts every area they allocate funds to? From maritime safety to preschool nutrition, congress should be expert enough in everything to specify all important details, and then the agencies (staffed by actual domain experts in each area) are mere accountants to execute the policies?

    I don’t think it’s workable. At best it just swaps lobbyists for civil servants.

    • More realistically you'd end up with an official advisory body where the exact same experts would write the regulations, they would be intermittently passed by congress between their regular bouts of systemic dysfunction, and the current crop of bureaucrats would be replaced by mindless pencil pushers. Add an official title for members of this government run advisory body such as "sage" and give them lifelong tenure and we've about completed the process.

      On paper it's different but in practice congress would largely be rubber stamping things. I predict the differences would be largely negative. More room for non-experts to meddle, more room for lobbyists to insert themselves into the process, and more room for broad capture of the advisory body to go unnoticed.

    • Ostensibly, who's paying their salary is important. Lobbyists, paid for by corporations with a vested interest in things going their way, is far worse than civil servants who's salary comes from taxpayers, and who's responsibility is to them, and not corporate interests. Ostensibly.

  • Congress always had the power to remove delegated power from an institution if it didn't like how that institution was performing. It's also had the power to disband the executive branch regime at any point since January 20. Everything that is happening now is happening with the complete approval of Congress.

    • Correct, and congress hasn't been exercising that power for the better part of a century now. The War Powers Resolution was 1973, for example.

      I don't know what the exact solution is, but something needs to change in the structure and incentives of congress to incentivize them to exercise power again. Eliminating the filibuster and drastically increasing the total number of representatives seem like the best ways to me, but I'm open yo other possibilities.

  • You would be bitching and moaning just as much if Congress directly made these rules and regulations.

    Just be upfront that you’re a libertarian and are allergic to government.