Pushing back the Deep State? US Supreme Court may be able to stop politicians fobbing off big decisions to the EPA

The Deep State gets around congress and voters but we all know it isn’t supposed to be that way

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The voters may not like the decisions, but they can’t vote out the bureaucrats. Think of the EPA, the FDA, and of course, the central bankers. Think of the Clean Air Act!

Some of these agencies effectively make the guidelines that we-the-people have to live by, then they enforce them, and adjudicate them too. They become defacto Kingmakers in their own fiefdoms. They are the fourth branch of government, also known as The Deep State.

But what feels wrong, may indeed be wrong, and it’s possible the Obama era Clean Power Plan could be repealed if it is deemed to breach the NonDelegation Doctrine, and there is renewed interest in this now that Brett Kavanaugh is in the Supreme Court.

The nondelegation doctrine is centuries old, and implicit in not just the US but all written constitutions that impose a separation of power. Here’s the wikipedia entry:

The origins of the nondelegation doctrine, as interpreted in U.S., can be traced back to, at least, 1690, when John Locke wrote:

The Legislative transfer the Power of […]