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Letís Make Congress the (Only) Legislative Branch Again
MOTUS A.D. ^ | 7-5-18 | MOTUS

Posted on 07/05/2018 5:13:57 AM PDT by NOBO2012

Lost in the 4th of July holiday festivities was this announcement, released July 3rd:

Attorney General Jeff Sessions today announced that, consistent with his November 2017 memorandum prohibiting the Department from making rules without following the procedures required by Congress, he is rescinding 24 guidance documents that were unnecessary, outdated, inconsistent with existing law, or otherwise improper.

The American people deserve to have their voices heard and a government that is accountable to them. When issuing regulations, federal agencies must abide by constitutional principles and follow the rules set forth by Congress and the President. In previous administrations, however, agencies often tried to impose new rules on the American people without any public notice or comment period, simply by sending a letter or posting a guidance document on a website. That’s wrong, and it’s not good government.

“In the Trump administration, we are restoring the rule of law. That’s why in November I banned this practice at the Department and we began rescinding guidance documents that were issued improperly or that were simply inconsistent with current law.

“Today we are rescinding 24 more and continuing to put an end to unnecessary or improper rulemaking.” – US DOJ

Mar13-Edwards-RulesProgressives swear that PDJT’s plans to streamline the regulatory bureaucracy is just partisan anti-Obama policy.

Seven of the 24 Obama-era rescinded “guidance documents” were focused on affirmative action. The guidance encouraged universities to consider race as a factor in promoting diversity in their student admissions. Gee, I’m so old that I remember the first time that sort of discrimination was considered illegal, because it was racist. But that was before regulatory agencies had a chance to interpreted it in their image and likeness.

Don’t expect progressives to take this action sitting down, there will be resistance. Because everyone knows Trump’s a racist.

sowell on preerential treatment Message to Congress: stop out-sourcing your responsibilities to unelected, unaccountable bureaucracies.

Posted from: MOTUS A.D.


TOPICS: Humor; Politics
KEYWORDS: deregulation; doj; jeffsessions; trump

1 posted on 07/05/2018 5:13:57 AM PDT by NOBO2012
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To: NOBO2012

i agree.....the fbi made up its own rules and everything was ok.


2 posted on 07/05/2018 5:16:23 AM PDT by Sacajaweau
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To: NOBO2012

Some of these Government organizations are so big that they have become the first, second and in their minds final arbiter in appeals processes. One Oversight committee and its sub-committees wouldn’t be enough to monitor and stop abuse of regulatory laws that at times brings the Government organization outside it’s original charter because the executive wants to change policies.

EPA was one such organization. Slap fine, add daily fine until you’re in compliance and then foot drag you until the very end and along the way there would be a very real threat of having your property seized, assets frozen


3 posted on 07/05/2018 5:32:31 AM PDT by Fhios (♫ Oh Where have you been Jeffy boy Jeffy boy oh where have you been charming Jeffy?)
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To: NOBO2012

https://www.justice.gov/opa/pr/attorney-general-jeff-sessions-rescinds-24-guidance-documents


here are the 24. The media focused on one, what say the intelligent readers here at FR?


4 posted on 07/05/2018 5:40:03 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: NOBO2012
Affirmative Action might have had some good intentions. Originally, the concept was that if a minority member was EQUAL or MORE QUALIFIED, race should be a factor in choosing the applicant. What happened is that Affirmative Action was used to fill quotas with less-qualified candidates. The result is a double standard where blacks don't have to achieve to their fullest potential to get preference. It's hurt blacks and other minorities as far as (1) being qualified and capable of excelling and (2) the most qualified minority members getting ahead.

JMHO, it's created the situation where blacks have not integrated into the general society. Special underserved privilege does that. It's also permitted the Powers That Be to choose minority members who get ahead, not by being most qualified, but by being people who can easily be manipulated.

PS: message to Jeff Sessions haters. Our AG has found a real nifty way to overturn bad regulations that doesn't wait for the Legislature or the Courts. Perhaps his methodical, well-thought out approach will yield the most significant long-term results.

5 posted on 07/05/2018 5:44:20 AM PDT by grania (President Trump, stop believing the Masters of War!)
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To: Sacajaweau

here are others rescinded in dec 2017. but again, we are not hearing about these much are we.

https://www.justice.gov/opa/pr/attorney-general-jeff-sessions-rescinds-25-guidance-documents


6 posted on 07/05/2018 5:46:44 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: grania

PS: message to Jeff Sessions haters. Our AG has found a real nifty way to overturn bad regulations that doesn’t wait for the Legislature or the Courts. Perhaps his methodical, well-thought out approach will yield the most significant long-term results.

They will catch on eventually.


7 posted on 07/05/2018 5:49:22 AM PDT by heshtesh
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To: NOBO2012

I had 3 jury trials with Austin over a period of 2-3 years over a document they called their “ECM”.

I won all 3 jury trials even with a liberal City of Austin jury each time that was plucked from the heart of the City each time.

Cost me 25k in attorney’s fees. The City Bureaucrat had to admit each time that the “ECM” or “Environmental Control Manual” never existed.

City bureaucrats, using their Special “Environmental Court”
and FREE City lawyers were just punishing me for daring to challenge them on the non existence of the regulation.


8 posted on 07/05/2018 5:49:59 AM PDT by Cen-Tejas
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To: NOBO2012

http://thehill.com/regulation/international/395440-sessions-rescinds-guidance-on-refugees-asylum-seekers-right-to-work

For those of you that blamed corporations and employers. What a convoluted set of guidelines are being rescinded.

More winning...………………………………..


9 posted on 07/05/2018 5:53:20 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: heshtesh

“PS: message to Jeff Sessions haters. Our AG has found a real nifty way to overturn bad regulations that doesn’t wait for the Legislature or the Courts. Perhaps his methodical, well-thought out approach will yield the most significant long-term results.

They will catch on eventually.”

That’s only part of his job. The other part is enforcing laws by indicting, prosecuting and jailing criminals.Check back when Rosenstein and Mueller let him do that.


10 posted on 07/05/2018 5:59:28 AM PDT by Bonemaker (invictus maneo)
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To: PeterPrinciple

Two points, rescind but not replace? So institutions for decades have this ingrained, so simply rescinding will do what.
2nd, until the admin State is destroyed, the APA will continue to be the real legislative body. Congress needs to retake its authority over agency rule or nothing will change. US statute vice CFR.


11 posted on 07/05/2018 6:17:18 AM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War")
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To: NOBO2012
Congress has always had the power to rein in the Judiciary; a bit less since the Senate got ruined, but they could still do it if they wanted. That they don't do it means that they don't want to do it. The 'Rats like an unaccountable body of fiat lawmakers. The GOPe like not having to take responsibility for anything. Ultimately, it is up to an educated and informed (alas an alack!) citizenry to hold them all to their responsibilities.
12 posted on 07/05/2018 6:20:47 AM PDT by Paine in the Neck ( Socialism consumes EVERYTHING!)
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To: Manly Warrior

if you rescind it goes back to an early version. And if the public knows it we force them back to the earlier versions.

If you read the articles what is being implemented is no more “post it on a website for public comment” and then make it law. It will be sent back to congress for clarification which is the way it should be.


13 posted on 07/05/2018 6:21:52 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: Manly Warrior

I will add we have just been handed a powerful tool if we will use it. It will be come easy to challenge a regulation just on the way it was implemented. We don’t have to even discuss the regulation it self.


14 posted on 07/05/2018 6:29:20 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: NOBO2012

Administrative law is horrible. The agencies possess legislative, executive and judicial powers within their jurisdiction or better stated their “realm”.

In fact, theses agencies illegally appropriate more power via precedent which leads to expansion of the agency in a positive feedback loop cycle.

The DEA is a classic example of this abuse. Originally intended to combat drug trafficking and interdiction of drugs at the border, they have expanded their kingdom to include doctors offices. True they have shut down bad practices. But that happened as a result of an overreach: bureaucrats are making determinations of medical necessity for opioids which is absurd.

This also happened with civil asset forfeiture. Originally intended to root out drug dealers, it metastasized to include anyone with cash.

Of course, no one wants to stand up for 4th amendment rights of drug dealers. but in not doing so we have ceded our rights to the biggest criminals on the planet at the US government.

The ends do not justify the means. Sessions might be trying to clean up the FBI, but it seems hypocritical in view of his actions abusing the controlled substance act in the war on opioids.


15 posted on 07/05/2018 6:33:59 AM PDT by grumpygresh (Abolish administrative law. It's regressive, medieval and unconstitutional!)
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To: Bonemaker

“PS: message to Jeff Sessions haters. Our AG has found a real nifty way to overturn bad regulations that doesn’t wait for the Legislature or the Courts. Perhaps his methodical, well-thought out approach will yield the most significant long-term results.

They will catch on eventually.”

That’s only part of his job. The other part is enforcing laws by indicting, prosecuting and jailing criminals.Check back when Rosenstein and Mueller let him do that.


I want to believe, but I listened to Gregg Jarrett hosting the Hannity radio show last week, and boy he had absolutely nothing positive to describe Sessions.

Basically, drooling in the office stupidity and has basically no influence in the DOJ.


16 posted on 07/05/2018 6:55:03 AM PDT by Geoffrey
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To: PeterPrinciple
I suppose if you looked each one up, you would find plenty of info....

Nevertheless....that's 42 pieces of unnecessary cr** that's been eliminated.

17 posted on 07/05/2018 6:55:39 AM PDT by Sacajaweau
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To: PeterPrinciple

https://www.atf.gov/rules-and-regulations/other-rulings


18 posted on 07/05/2018 6:58:51 AM PDT by Sacajaweau
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To: heshtesh

His criticism was earned by his lack of prosecuting criminality within high levels of the federal government.


19 posted on 07/05/2018 7:47:06 AM PDT by mrmeyer (You can't conquer a free man; the most you can do is kill him. Robert Heinlein)
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To: NOBO2012

>
Message to Congress: stop out-sourcing your responsibilities to unelected, unaccountable bureaucracies.
>

IMO, there’s missing verbiage: ILLEGAL.

The Constitution says what it means. CONGRESS may\shall (not). I read nothing passed (aka Amendment), changing ANY text to allow Congress to relinquish\bequeath its power(s)\authorit(y|ies) to ANY other, un-elected, non-responsible entities/dept/agencies/etc. (Fed Reserve) Least alone creating from whole cloth (EPA)


20 posted on 07/05/2018 8:13:12 AM PDT by i_robot73 (One could not count the number of *solutions*, if only govt followed\enforced the Constitution.)
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