I think J.W. Hampton was rightly decided, but that the “intelligible principle” formulation led later New Deal-era courts astray. The framers might have envisioned Congress delegating the authority to adjust import duties, but I don’t think they envisioned executive agencies fashioning entire codes of law in specific areas, including creating crimes. I agree that the Supreme Court gets to say what the law means, but also agree with Scalia that stare decisis is a matter of policy, not dictate, and the Court could revisit the issue and decide to actually enforce separation of powers.
