I have argued on a number of occasions that granting regulatory power to a private sector entity is unconstitutional. I believe it violates both the constitutionally based "nondelegation doctrine" and the appointments clause of the Constitution. We all agree that Congress has broad authority to delegate. but there are limits on this authority. For example. it is settled law that Congress may not delegate executive authority to itself. Both the legislative veto in Immigration and Naturalization Service v. Chadha. 462 U.S. 919 (1983) and congressional exercise of regulatory power in Bowsher v. Synar. 478 U.S. 714 (1986) have been declared unconstitutional by the Supreme Court.
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