Power Without Responsibility / Edition 1

Power Without Responsibility / Edition 1

4.0 1
by David Schoenbrod
     
 

ISBN-10: 0300065183

ISBN-13: 9780300065183

Pub. Date: 08/30/1995

Publisher: Yale University Press

This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending.

David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but

…  See more details below

Overview

This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending.

David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves.

Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.

Read More

Product Details

ISBN-13:
9780300065183
Publisher:
Yale University Press
Publication date:
08/30/1995
Edition description:
Reissue Large Print
Pages:
274
Product dimensions:
6.00(w) x 9.00(h) x 0.62(d)

Table of Contents

Preface
Acknowledgments
Pt. IIntroduction
1The Nub of the Argument3
Pt. IIEvolving Ideas of Delegation
2The Vain Search for Virtuous Lawmakers25
Pt. IIIDelegation in Practice
3Broad Delegation: Regulating Navel Oranges49
4Narrow Delegation: Regulating Air Pollution58
5How Delegation Changes the Politics of Lawmaking82
Pt. IVIs Delegation Good Policy?
6Delegation Weakens Democracy99
7Delegation Endangers Liberty107
8Delegation Makes Law Less Reasonable119
9Congress Has Enough Time to Make the Laws135
Pt. VThe Courts Should Bar Delegation
10The Constitution Prohibits Delegation155
11Why the Courts Should Stop Delegation (and Nobody Else Can)165
12How the Courts Should Define Unconstitutional Delegation180
Pt. VIConclusion
13America Is No Exception195
Notes199
Index256

Read More

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >

Power Without Responsibility 4 out of 5 based on 0 ratings. 1 reviews.
Anonymous More than 1 year ago