> Is it more democratic because the reps who voted on it were elected rather than appointed by people who were elected like over at those agencies?
The presidency is not an elected autocracy. The extent of his powers are strictly limited to those granted by a) the constitution, and b) acts of congress.
Attempts to circumvent these limitations through clever legal theories are undemocratic, doubly so when that circumvention bypasses duly elected state governments. No act of congress has ever explicitly banned non-compete agreements or authorized the FTC to do so, and the plethora of employment law at the state level strongly supports the notion that it wasn't even a federal matter to begin with.
Would you argue that it's more democratic or less democratic when powers previously belonging to states are subsumed by the executive in this way? What if the people of Texas believe non-compete agreements are important? Why not just federalize all laws and tell state legislatures to pound sand?
The presidency is not an elected autocracy. The extent of his powers are strictly limited to those granted by a) the constitution, and b) acts of congress.
Attempts to circumvent these limitations through clever legal theories are undemocratic, doubly so when that circumvention bypasses duly elected state governments. No act of congress has ever explicitly banned non-compete agreements or authorized the FTC to do so, and the plethora of employment law at the state level strongly supports the notion that it wasn't even a federal matter to begin with.
Would you argue that it's more democratic or less democratic when powers previously belonging to states are subsumed by the executive in this way? What if the people of Texas believe non-compete agreements are important? Why not just federalize all laws and tell state legislatures to pound sand?