An agency cannot achieve through regulation what Congress declined to legislate

Evidence

It unsuccessfully sou t to have the Department of Justice take criminal action against them. Likewise, without success, it urged Congress to amend the law to specifically prohibit them. 18 The Commission now seeks to accomplish the same result through agency regulations. In doing so, the Commission has overstepped the boundaries of interpretation and hence has exceeded its rule-making power. Regardless of the doubts held by the Commission and others as to the social value of the programs here under consideration, such administrative expansion of 8 1304 does not provide the remedy. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2444

Categorization

• XREF: connects to: Administrative bodies complete inchoate legislative will through secondary legislation — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2832; Congress’s 1972 reasons for rejecting benefit-cost correlation remain insurmountable. — Douglas A. Kysar, Regulating from Nowhere: Environmental…, 527; Courts cannot preserve congressional power that Congress fails to use — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2870 (+3 more)

Broader Connections

• Executive authority was used because Congress blocked climate legislation #exemplifies (0.85) — Albert Bandura, Moral Disengagement, 2625
• Coercive mandates let institutions pursue changes too politically difficult on their own #complicates (0.80) — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 1957