^ eh, there are certainly many problems. But the opposite situation, with no agency law making, is also problematic due to gridlock and less flexibility. You could end up with fewer rules, but worse ones that are harder to change. It's incumbent on the legislature to write better grants of authority more clearly delineating agency power, else it's left to agencies and the courts to sort out what the legislature meant. Perhaps ironically, it was guys like Scalia that championed agency deference (courts deferring to agencies reasonable interpretations of statutes or regulations), although he might have come to regret that.