All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
This short paragraph should address, in part, the tendency toward a bloated government. The first five words are the key. “All legislative powers herein granted…”
First, a definition of the word legislative most likely understood and intended by the authors: Having the power to make laws. Second, the Merriam Webster definition of law: “a binding custom or practice of a community : a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.”
Using these two definitions, we can conclude that all laws, to include rules of conduct or action, “shall be vested in a Congress…..which shall consist of a Senate and a House of Representatives.”
No where in this Section is the authority given to the Congress to delegate the creation of laws to the other branches of government. With this in mind, the question arises, what of bureaucratic regulations and executive orders?
Executive orders are understandable only in their capacity to manage the executive branch itself, and only if in compliance with the Constitution. Any executive order outside of these confines is an infringement on the stipulation that “All legislative Powers herein granted shall be vested in a Congress.”
Likewise, bureaucratic regulations are an infringement on this stipulation, even if Congress assigns this authority to the bureaucracy, since Congress has no authority to delegate the creation of laws (rules of action or conduct) to any other entity, and has therefore violated the Constitution by attempting to do so.
It follows this brief analysis that most executive orders and all bureaucratic regulations are unconstitutional, and can not be legally enforced, even if they are enforced in practice.