> more than capable of establishing the requisite in-house research apparata to allow the Branch to become quickly read up and fluent on anything.
Not only can they not “become fluent in anything,” it shifts more power to lobbyists and industry where expertise exists that can draft the language they want with the loopholes they want. The scale of federal governance is literally impossible without the looseness of intent interpretation that can be challenged and validated by the court.
You may as well say we can replace the regulatory bureaucracies with expert systems, because we should be able to predict every possible outcome beforehand and just make a giant if/then out of it.
>Not only can they not “become fluent in anything,” it shifts more power to lobbyists and industry where expertise exists that can draft the language they want with the loopholes they want.
The Office of Technology Assessment was dismantled specifically because it was making it too hard for lobbyists to transparently pull the wool over lawmaker's eyes. Suddenly there was paper trail that the Legislature *knew, or should have known, that lobbyists were feeding Congress a line. OTA's entire job was to issue legislative subpoena's to collect information relative to legislative business.
Congress can literally make itself the single most pre-eminent employer of research staff on the planet, overnight. Do not sit here, and tell me with a straight face, that that is infeasible. The issue is will to govern, and reluctance by moneyed interests to start being questioned back by motivated, competent answer seekers in D.C. they can't legally withhold info from without committing the equivalent of a felony.
>The scale of federal governance is literally impossible without the looseness of intent interpretation that can be challenged and validated by the court.
That (challenging in Court) couldn't happen with Chevron deference in practice. Now it can. Good riddance.
Federal governance is far from impossible to do; and I'd like to know your definition of Federal governance. If it's "I want to pass a controversial law once to get it to stick in all jurisdictions, damn the consequences"; then not only do your complaints fall on unsympathetic ears, but I'd say that's the system working as designed, and Chevron was a step to breaking it worse.
If on the other hand, Federal Governance is "the judicious elevation to the highest level of government/enforcement only those tasks that need to be there irrespective of any individual subjurisdictions, all subject to the constraints of who does what aspect of the job as set forth in the Constitution of the United States"; then we're cool. I feel ya'. Them's the breaks though. And I say that as an ex-civil servant.
Government work is hard, thankless, frustrating, and the most dangerous thing to get fast and loose with.
> The Office of Technology Assessment was dismantled specifically because it was making it too hard for lobbyists to transparently pull the wool over lawmaker's eyes. Suddenly there was paper trail that the Legislature *knew, or should have known, that lobbyists were feeding Congress a line. OTA's entire job was to issue legislative subpoena's to collect information relative to legislative business.
> Congress can literally make itself the single most pre-eminent employer of research staff on the planet, overnight. Do not sit here, and tell me with a straight face, that that is infeasible. The issue is will to govern, and reluctance by moneyed interests to start being questioned back by motivated, competent answer seekers in D.C. they can't legally withhold info from without committing the equivalent of a felony.
And this ruling is going to change this how exactly? It isn't. It is merely going to increase the gap between what is going on in the real world and what is effectively regulated. This is a shift in power from the unelected bureaucracy to the unelected judicial. I'll take the bureaucrats.
> Federal governance is far from impossible to do; and I'd like to know your definition of Federal governance. If it's "I want to pass a controversial law once to get it to stick in all jurisdictions, damn the consequences"; then not only do your complaints fall on unsympathetic ears, but I'd say that's the system working as designed, and Chevron was a step to breaking it worse.
Federal governance includes the need to manage, iterate, and execute on regulation in a world that is far too quickly changing and far too complex for 535 people. There are more decision makers than that in a large tech company.
Not only can they not “become fluent in anything,” it shifts more power to lobbyists and industry where expertise exists that can draft the language they want with the loopholes they want. The scale of federal governance is literally impossible without the looseness of intent interpretation that can be challenged and validated by the court.
You may as well say we can replace the regulatory bureaucracies with expert systems, because we should be able to predict every possible outcome beforehand and just make a giant if/then out of it.