Mickey Kaus, who seems to like the idea, alerts us to the extreme delegations of legislaive authority in the latest health care bills:
In general, there is an independent panel ("IMAB"), and if Congress does nothing, its cost-cutting rules take effect. Indeed, its rules take effect unless Congress acts to repudiate it and the President signs on to that repudiation. If that doesn't happen--if Congress doesn't pass what is in effect a new piece of legislation--the panel's rules are implemented, just like the Fed's rules
Kaus points us to a column by David Broder from last summer complaining about such a panel.
If President Obama has his way, another such unelected authority will be created -- a manager and monitor for the vast and expensive American health-care system. As part of his health-reform effort, he is seeking to launch the Independent Medicare Advisory Council, or IMAC, a bland title for a body that could become as much an arbiter of medicine as the Fed is of the economy or the Supreme Court of the law. . . .
But Congress will have to decide if it is willing to yield that degree of control to five unelected IMAC commissioners. And Americans will have to decide if they are comfortable having those commissioners determine how they will be treated when they are ill.
Such is the poverty of our constitutinal discourse that the "dean of the Washington press corps" does not even consider whether such a delegation is constituional. Of course, as I have noted before, once one says that the constitution is a living document, anything might be constitutional.