Monday, March 30, 2009

The Emergency Economic Stabilization Act of 2008 vs. The Nondelegation Doctrine of the Constitution

George Will, in his article "The Bailing Out of the Constitution", discusses how the Emergency Economic Stabilization Act of 2008 (EESA) is unconstitutional. Why is it unconstitutional? Because in the EESA, Congress delegated its vested powers to the Executive Branch, which it's prohibited from doing so under Article I of the U.S. Constitution. Why does this matter? Because a sovereign branch of government cannot subordinate itself to another sovereign branch of government, even if the subordination is willful. In other words, due to separation of powers, the legislative branch cannot delegate the power to legislate to the executive branch, even it wants to. The EESA does this and Congress should be rebuked for doing so. The Executive Branch should also be rebuked for assuming these duties. It is up to the Courts to issue the rebuke. It would be a welcome rebuke since the courts have done little to police this willful subordination since the FDR era, and it has led to the existence of a massive administrative state where due process is often dubious. Think: IRS, SEC, EPA, etc.



 

 

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