Constitutional Law

OSHA idea

In Florida and elsewhere, companies have argued OSHA (as federal law) overrides State laws allowing storage of firearms in locked cars in workplace parking lots. I think the argument relates to OSHA's vague statutory duty to make a workplace safe, rather than any regulations issued, so the following may or may not be relevant, but...

Cass Sunstein, an excellent thinker (apart from being no friend of the 2A, that is) has come out with an article arguing that OSHA is unconstitutional. Congress is supposed to make federal law. In practice, it more often enacts a broad statutory regime, and tells an agency to promulgate regulations to carry it out. That way Congress doesn't have to work out the details of what it is ordering people to do, nor accept the political fallout of those orders. The courts give Congress a LOT of leeway to do that, but at some point there is simply too much delegation to the agency to pass muster. Sunstein's article argues that OSHA goes over the line, handing the Secretary power to "do good things" without saying whether he's supposed to balance them against cost or feasibility, or focus on significant risks, etc..

Full post as published by Of Arms and the Law on December 12, 2008 (boomark / email).