Reference no: EM133389978

Case: Because it is simple and practical, Congress succumbs to the temptation of enacting laws with doubtful constitutionality. Political expediency appears to take precedence over constitutional principles. The elected branches should never contradict popular will if the judiciary can do so instead. If Congress /FDA passes legislation that surpasses a Supreme Court decision, the Court may subsequently declare that legislation illegal and strike it down. And those members of Congress who press the courts to remain out of Congress' domain should recognize Congress for what it has become: an enabler. Slow administrative action is considered a distinguishing feature of the current bureaucracy. Agencies can either fast-track or slow-roll rulemaking to weaken political supervision by Congress, the president and the courts. It's two different ways: the courts have to function with what Congress offers them, and also sometimes Congress sends them unconstitutional legislation intentionally because it is so politically convenient.

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