Occasionally — sadly — there is a need to remind the people who serve in the executive branch of how the federal government is actually designed to work: Congress makes the laws; federal agencies implement and enforce them. This reminder shouldn’t be necessary, but unfortunately we live in a time when the federal government’s executive branch is exercising unprecedented and inappropriate power, using tactics that cause real damage and range from the creative to the potentially illegal.

Last month, a federal court in New Jersey heard a case that perfectly illustrates the ever more frequent tendency for federal agencies to attempt to create new law. In this case, the Federal Trade Commission is suing Bayer Corp. for failing to conduct randomized, controlled clinical trials on its dietary supplement, Phillips’ Colon Health.

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