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 ...
Send them all home.
What a deceptive our “betters” weave for us. Criminals.
I guess that leaves the people's remedy.
So WHY have they NOT been CHALLENGED or EXPUNGED???
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.
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?
Read the article.
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.
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.
“hundreds and hundreds of rules”
“1,800 other regulations”
These are “rules” and “regulations”, right? Not laws?
Just clarifying.
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.
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.
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.
And I still pose the SAME question.
So WHY have they NOT been CHALLENGED or EXPUNGED???
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.
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.
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.
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.There's always impeachment.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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.