Seems to me that if Congress would prefer that any disputes arising from the implementation of their laws be handled by the admistrative agency charged with enforcing it, all they need to do is say so in the law. Not sure how the courts could get around that.
Difficulty: Congress almost never passes substantive laws anymore.
No way you’re getting a with-teeth EPA law, for example, through a modern Congress until we’re back to smog clouds over our cities and burning rivers and creating new, large cancer districts and superfund sites. And that’ll have to go on for a while before it happens. Then, maybe.
We’ve been coasting on good laws from the 70s and earlier, mostly, while weakening regulation has been eating our foundation like termites (especially Chicago-school-driven judicial rulings on how the executive is allowed to enforce anti-trust, in the late 70s, and later removal of media ownership consolidation rules). Now they (people who wish they could hurt people while making money and not be told to stop) can attack those good laws directly.
Like any other law, they rule it as unconstitutional. Appeal its way up to the SCOTUS, and they will ultimately decide if they want to keep the power or give it back to the regulatory agencies.
