I don’t see how having article III remedies addresses the separation of powers issue. It just means you can kinda maybe fix up the damage afterward.

I think it’s fair to ask how far a non-delegation principle should go. There is clearly a continuum between legislation and enforcement discretion. But does that mean we should have no non-delegation principle at all? Is there a definable middle ground between Congress leaving it to executive discretion address technical minutea and Congress delegating oversight over entire sections of the economy to unelected bodies that can serve as judge, jury, and executioner?

There are ways to maintain an administrative state without stuffing everything into the executive branch: https://www.theregreview.org/2019/12/18/rappaport-stronger-s...