"Shilling" would require me to care about the policy, which I don't. The genius of the founders is that they realized that structure and power allocation was more important than policy, so that's what I'm commenting about.
On that point, Congress cannot "set things up as it sees fit." The constitution goes to great lengths to create a complex, three-branch system of government with specific powers allocated to each branch. Anytime Congress creates something new, it has to fit it into the three-branch model in a way that is consistent with the principles of that model. It's like a "pure" microkernel in computer science: there is a framework that dictates what goes in kernel space versus user space. Except with the constitution, the structural principles are legally binding. You can't delegate executive functions to mere employees of the legislative branch, just like in a pure microkernel you can't put the GUI into the kernel.
In this case, the DMCA creates civil and criminal liability. Creating exceptions for that is the exercise of a quintessential executive power--enforcement discretion. That power must be allocated to an executive-branch agency.
I specifically said 'within the Constitutional constraints.' For some reason you chose to ignore that and then launch into a superfluous lecture on the Constitution. You are pounding the table, counselor.
Looks like an opinion. If structural principles are legally binding, we can remember other cases from other areas.
This isn’t an “opinion.” It’s how almost everyone thinks the constitution works, including people who think modern administrative agencies are permissible. They don’t deny the tripartite structure is binding; they think that executive agencies exercising quasi-judicial and quasi-legislative functions can be defended as really being an exercise of executive discretion.