American Elephants

A Class In the Government’s Separation of Powers by The Elephant's Child

In the circus of yesterday’s Senate Judiciary Committee hearings on the nomination of Brett Kavanaugh to the Supreme Court, Nebraska Senator Ben Sasse, the youngest member of the committee delivered a “master class” on “the proper allocation of authority” among the three branches of government the judicial, legislative and executive branches. It was a much needed clarification, and a roadmap that Brett Kavanaugh has followed throughout his twelve years on the federal bench.

James Copland, writing for the Manhattan Institute, has spelled out Ben Sasse’s important contribution to the proceedings. Nebraska Senator Sasse holds a PhD in American history from Yale. Congress’s unfortunate delegation of authority has been a major problem for years. Congress doesn’t want to be bothered with administering the laws they pass, so they pass them off to agencies to put into action.

That means that the Congress doesn’t get the pushback they need for dumb moves, don’t get the feedback on how their ideas are working, and in general getting that constant feedback would make them more responsible about the laws they issue. Do read the whole thing, it’s not that long, but illuminating.

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