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A Win for Non-Delegation

Over at Volokh, they are covering the high capacity soda ban being overturned by a New York judge. The grounds would seem to be that the power to do so was improperly usurped from City Council, and thus violated separation of powers. This pleases me, because I think the judicial weakening of the non-delegation doctrine was one of the greatest injuries to liberty undertaken by the courts. It’s a pretty simple concept: if someone thinks something ought to be illegal, the legislature should have to pass a law.

One Response to “A Win for Non-Delegation”

  1. JKB says:

    John Hinderaker has tied the reasoning in the soda decision to the gun debate. That is, most of the Dem proposals in gun control are arbitrary and capricious.

    Note how the last point applies precisely to another of the Democrats’ favored schemes, banning all magazines that are average-sized or above. Instead of a single fifteen-round magazine, a murderer can simply use two eight-round magazines, just as a thirsty New Yorker can buy two 16-ounce sodas. Adopting legislation this stupid, Judge Tingling held, is so arbitrary and capricious as to be unconstitutional, even in the absence of a specific constitutional protection like the Second Amendment.

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