Article from Reason by Damon Root.
The U.S. Constitution places the federal lawmaking power in the hands of Congress. Yet today a narrow majority of the U.S. Supreme Court held that Congress did not violate the Constitution, even though it passed a law which delegated a significant degree of lawmaking authority to the attorney general. Writing in dissent, Justice Neil Gorsuch faulted his colleagues for letting Congress “hand off to the nation’s chief prosecutor the power to write his own criminal code.”
At issue in today’s ruling in Gundy v. United States is the Sex Offender Registration and Notification Act of 2006 (SORNA). Among other things, SORNA requires convicted sex offenders to register, check in periodically in person, and share personal information with the authorities.
It also says this: “The Attorney General shall have the authority to specify the applicability of the requirements of this subchapter to sex offenders convicted before the enactment of this chapter.” Put differently, Congress left it up to the attorney general to decide how to deal with the estimated 500,000 individuals whose sex crime convictions predate SORNA’s passage.
“It would be easy enough to let this case go,” Justice Gorsuch acknowledged in his dissent. “After all, sex workers are one of the most disfavored groups in our society. But the rule that prevents Congress from giving the executive carte blanche to write laws for sex offenders is the same rule that protects everyone else.” In Gorsuch’s view, SORNA effectively combined the Article I powers of Congress with the Article II powers of the executive in a single federal official. That result, he argued, marks “the end of any meaningful enforcement of our separation of powers.”
Read the entire article at Reason.
wpDiscuz
I’m no attorney but what’s the difference between allowing the AG to write DOJ code and giving virtually every other Cabinet office the authority to write regulation. If one violates code or regulation it is treated as violating law.
Exactly, I see no difference.
Who wants any of the current or recent Congresses we’ve had make any kind of laws or legislation? Most of them are morons who can’t find their arses with a roadmap and a GPS. We need to get back to putting people in Congress that aren’t out for their own personal gain. I don’t want any of the current crop of idiots telling me how to live my life. None of them are qualified to do so.
100% agreement with AFGus. Their heart is filled with venom and hatred. In such a condition, any action taken by these Congress lawmakers will be heavily biased. They have no respect for the public who are instrumental in putting them in those chairs.
Among the comments you are the most correct! Take a look at the stupid immigration laws coming out of Congress in the last 20 years! None of them are any good for OUR HOMELAND !
Exactly! The political deadbeats that comprise the majority of the members of the house are so out of touch with the majority of the people that their opinions are not only worthless but incredibly dangerous. On the one hand, their refusal to provide oversight is atrocious but on the other hand, it is probably a blessing.
I Wroth a Comment Yous Don’t Let it Publicly Seen Their for I’m turning All Your Messages on my Site in to SPAM FOLDER
This is really nothing new, Congress ceded its authority to the federal courts a long time ago. Let the court enact their leftist agenda so they don’t have to face the voters after an unpopular decision they know the courts will make because the judges are appointed for life and voters can’t do anything about it. And it’s much easier than actually doing their job