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Study: Hundreds of rules passed by Obama administration are technically illegal
Washington Post ^ | 7-29-14 | Juliet Eilperin

Posted on 07/31/2014 9:56:13 AM PDT by afraidfortherepublic

Over the past two years, the Obama administration has published hundreds and hundreds of rules — on how wheelchairs should be stowed aboard U.S. aircraft, how foreign trade zones should be regulated, how voting assistance should be provided for U.S. citizens overseas, and so on.

There’s a problem, however: Technically speaking, these and some 1,800 other regulations shouldn’t be in effect because they weren’t reported to Congress as required. Yet there is little that lawmakers or the courts can do about it.

The situation illustrates the obscure, Byzantine process used to create federal regulations — and how easily it can go awry.

“It’s pretty apparent that the system is broken,” said Curtis Copeland, a retired Congressional Research Service staffer who discovered the issue. “It would seem this is one area where congressional Republicans and Democrats could get together and say: ‘This is crazy. We can fix this.’ ”

Under a 1996 statute, most federal rules are supposed to be reported to the House and Senate in paper form and to the General Accountability Office electronically. But since the start of 2012, that hasn’t happened for many of the regulations put out by the Obama administration, either because of bureaucratic oversight or because they were considered too minor to be reported.

Failing to report many of the rules is a “technical violation” of the statute, “and the law says they can’t take effect,” according to Robert Cramer, GAO’s managing associate general counsel.

But there’s another catch: Congress also barred such rules from judicial review. Two federal appeals courts and two district courts have upheld this principle even when the regulation in question was not submitted to Congress as required. That means neither lawmakers nor the courts can step in and demand that agencies submit the required paperwork.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Business/Economy; Crime/Corruption; Government; News/Current Events
KEYWORDS: congress; court; obama; report; rules

1 posted on 07/31/2014 9:56:13 AM PDT by afraidfortherepublic
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To: afraidfortherepublic

Send them all home.


2 posted on 07/31/2014 9:57:04 AM PDT by afraidfortherepublic
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To: afraidfortherepublic

What a deceptive our “betters” weave for us. Criminals.


3 posted on 07/31/2014 9:58:14 AM PDT by ogen hal (First amendment or reeducation camp)
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To: afraidfortherepublic
Yet there is little that lawmakers or the courts can do about it.

I guess that leaves the people's remedy.

4 posted on 07/31/2014 10:01:04 AM PDT by TigersEye ("No man left behind" means something different to 0bama.)
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To: afraidfortherepublic
Hundreds of rules passed by Obama administration are technically illegal

So WHY have they NOT been CHALLENGED or EXPUNGED???

5 posted on 07/31/2014 10:05:05 AM PDT by VideoDoctor
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To: afraidfortherepublic

Another fix by getting rid of the departments the Democrats have instilled under the Executive Branch. Get rid of the departments, and you get rid of the problems, and the costs of the supporting, rule making, Leftist dominated, entrenched bureaucracies that comprise the source of lunacy that those departments promulgate upon our country as well.

I know it ain’t that simple, but it’s a goal.


6 posted on 07/31/2014 10:05:23 AM PDT by rockinqsranch ((Dems, Libs, Socialists, call 'em what you will. They ALL have fairies livin' in their trees.))
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To: TigersEye

Yes. Unfortunately, all the efforts made in the recent few weeks by the politicos of both parties in DC to negate the provisions of the Constitution make insurrection all the more inevitable. Take impeachment, court review, congressional review, etc. off the table, and what is left?


7 posted on 07/31/2014 10:06:14 AM PDT by afraidfortherepublic
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To: VideoDoctor
So WHY have they NOT been CHALLENGED or EXPUNGED???

Read the article.

8 posted on 07/31/2014 10:07:11 AM PDT by afraidfortherepublic
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To: afraidfortherepublic

I love the media weasel words used to prop up this administration.

Technically illegal?

How about illegally illegal. There is no such legal term as technically illegal.

Things are either legal or illegal

While it’s certainly true that it’s technically illegal to cut some ones head off, it’s also just plain illegal.

Illegal is illegal, technically or otherwise.


9 posted on 07/31/2014 10:08:34 AM PDT by rdcbn
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To: VideoDoctor

The only answer is the GOP is either ignorant or complicate. What else is left? BTW - either of those options mean they are unfit for the job. The have sworn to protect the constitution, not destroy it.


10 posted on 07/31/2014 10:12:23 AM PDT by Dutch Boy
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To: afraidfortherepublic

“hundreds and hundreds of rules”

“1,800 other regulations”

These are “rules” and “regulations”, right? Not laws?

Just clarifying.


11 posted on 07/31/2014 10:13:14 AM PDT by ForYourChildren (Christian Education [ RomanRoadsMedia.com - a classical Christian approach to homeschool])
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To: afraidfortherepublic
They're making that the choice not the people. It's not like
we're headed there by a popular movement or a referendum vote.
12 posted on 07/31/2014 10:14:02 AM PDT by TigersEye ("No man left behind" means something different to 0bama.)
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To: afraidfortherepublic

Congress should never exempt something from judicial review. That violates separation of powers.

They should also never set up administrative courts, because they get to cozy with their respective agency.


13 posted on 07/31/2014 10:18:31 AM PDT by DannyTN (I)
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To: afraidfortherepublic

Congress should never exempt something from judicial review. That violates separation of powers.

They should also never set up administrative courts, because they get to cozy with their respective agency.


14 posted on 07/31/2014 10:18:31 AM PDT by DannyTN (I)
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To: DannyTN

There’s no ‘technically’ illegal. Just like there’s no ‘technically’ fined, ‘technically’ imprisoned, or ‘technically’ suspended from doing business.

There’s illegal and legal.


15 posted on 07/31/2014 10:19:56 AM PDT by RinaseaofDs (.)
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To: afraidfortherepublic
I read the article.

And I still pose the SAME question.

So WHY have they NOT been CHALLENGED or EXPUNGED???

16 posted on 07/31/2014 10:25:26 AM PDT by VideoDoctor
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To: VideoDoctor

Forget all the laws he has passed or EO’s he has given, Odumbo himself is illegal. Can’t be considered a “traitor” unless he is a citizen.


17 posted on 07/31/2014 10:29:18 AM PDT by DaveA37
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To: VideoDoctor

Agree. I read the article too, but no other explanation is given. It seems that Congress has simply thrown in the towel citing too much paperwork.


18 posted on 07/31/2014 10:30:43 AM PDT by SpaceBar
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To: afraidfortherepublic

The congressional lawsuit against Obama should not be limited to just some of these abuses. Each and every one of them should be listed in the complaint, to at least give the judges an opportunity to do a blanket throw out.

Imagine the hilarity of Obama refusing to throw them out after ordered to by a federal judge. While he might be effectively immune from prosecution, the court can put the onus on every bureaucrat who carries out his unlawful orders.

And those would be “contempt of court” citations, which mean they could be put in jail for months with each offense.


19 posted on 07/31/2014 10:37:45 AM PDT by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: afraidfortherepublic
Failing to report many of the rules is a “technical violation” of the statute, “and the law says they can’t take effect,” according to Robert Cramer, GAO’s managing associate general counsel.

But there’s another catch: Congress also barred such rules from judicial review. Two federal appeals courts and two district courts have upheld this principle even when the regulation in question was not submitted to Congress as required. That means neither lawmakers nor the courts can step in and demand that agencies submit the required paperwork.

There's always impeachment.
20 posted on 07/31/2014 10:45:18 AM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: RinaseaofDs
There’s no ‘technically’ illegal. ...There’s illegal and legal."

Well, technically, theres illegal and legal, but then there's illegal but not enforced, legal but wrongfully prohibited, etc.

21 posted on 07/31/2014 10:50:18 AM PDT by DannyTN (I)
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To: afraidfortherepublic
A more precise term, in most cases, would be "ultra vires". IOW not authorized, void, having no effect, etc. -- but not necessarily "illegal". There's a difference. An important difference, if you're perusing legal remedies.
22 posted on 07/31/2014 10:59:13 AM PDT by USFRIENDINVICTORIA
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To: Moonman62
"There's always impeachment."

Nope, not always. Not when partisanship instead of the rule of law rules the day. And not when the rats control the senate.

23 posted on 07/31/2014 11:03:46 AM PDT by DannyTN (I)
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To: afraidfortherepublic

The POSTUS usurper is technically illegal.


24 posted on 07/31/2014 11:43:09 AM PDT by bgill
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To: afraidfortherepublic
That means neither lawmakers nor the courts can step in and demand that agencies submit the required paperwork

if we have gotten to the point where there is no oversight, where no entity has a legal standing to challenge agencies, then the agencies need to be defunded and dissolved.

25 posted on 07/31/2014 1:12:49 PM PDT by blueplum
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To: USFRIENDINVICTORIA

When it’s been convenient, the courts have ignored restrictions against judicial review, no?


26 posted on 07/31/2014 4:40:15 PM PDT by scrabblehack
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To: USFRIENDINVICTORIA

In an earlier era there was something called the “legislative veto.” The SCOTUS, in an attempt to stop Congress from writing such vague laws, declared it unconstitutional.

It would appear now that we have the worst of both worlds.


27 posted on 07/31/2014 4:43:27 PM PDT by scrabblehack
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To: afraidfortherepublic
The system isn't broken, it's the laws that are not being enforced
by either side. the DEMs should be policing their own but refuse.
28 posted on 07/31/2014 4:44:43 PM PDT by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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