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duxup
on Feb 24, 2023
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Non-Compete Clause Rule (NPRM)
Is there something about the FTC that means they don’t or shouldn’t have this authority?
faddypaddy34
on Feb 24, 2023
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It's called nondelegation doctrine. The rulings pertaining to it have not been consistent but it generally holds true.
https://www.law.cornell.edu/wex/nondelegation_doctrine
duxup
on Feb 25, 2023
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I’ve seen some discussion about that topic but I’ve found it hard to parse what people think of as far as how explicit they expect congress to be. At some point it seems unworkable/ a recipe for very inflexible government policy.
chrisco255
on Feb 24, 2023
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Yes, they are an unelected executive branch bureaucracy. They don't have the authority to invalidate long-standing labor laws arbitrarily.
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