--First, Congress should cease delegating its legislative power to the executive branch; second, the executive branch will stop using informal "guidance documents" that deprive people of the due process of law without fair notice; and third, courts should stop rubber-stamping diktats that lack the force of law.
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That's exactly what Congress did with the war on drugs. They used to pass legislation outlawing various substances. Then they abdicated their responsibility and gave the power to the DEA.