This post is in support of a point I made in this comment thread at OTB to the effect that Congress has systematically delegated its powers to the executive branch for many years. The graph above illustrates the growth in federal laws over time. Now look at the growth of federal regulations, the executive branch’s elaboration on the law:
I have no opinion on how much federal law or regulation is necessary. Under the principle of “non-delegation” the executive branch is only empowered to promulgate such regulations as are necessary and proper to enforce the laws enacted by the Congress. I think that given the enormous growth in federal regulations over the years and the volume by which they outnumber the laws they’re purportedly intended to enforce the idea that the executive branch has limited itself to promulgating rules that are necessary and proper beggars credulity.
Whether more laws or more regulations can possibly be effective is an interesting and important question but it’s not the point I’m making here. The point I’m making here is that Congress has obviously abrogated its responsibility.