"A National Labor Relations Board administrative law judge ruled ..."
FR: Never Accept the Premise of Your Opponent’s Argument
If I understand the issue correctly, regardless what FDR’s activist justices wanted everybody to think about scope of Congress’s Commerce Clause powers (1.8.3), a previous generation of state sovereignty-respecting justices had clarified that the states have never delegated to the feds, expressly via the Constitution, the specfic power to regulate intrastate commerce.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.
And even if the states had constitutionally delegated such powers to feds, note that the Founding States had made the first numbered clauses in the Constitution, Sections 1-3 of Article I, evidently a good place to hide them from Congress, to clarify that all federal legislative powers are vested in the elected members of Congress, not in the executive or judicial branches, or in non-elected federal bureaucrats like those running the NLRB and the EPA. So Congress has a constitutional “monopoly” on federal legislative powers whether it wants it or not imo.
In fact, by delegating federal legislative / regulatory powers to nonelected bureaucrats, powers that the states have never delegated to Congress, Congress is wrongly protecting such powers from the wrath of the voters in blatant defiance of Sections 1-3 referenced above.
The bottom line is that this official action by the NLRB is another example where the corrupt, post-17th Amendment ratification Senate failed to protect the states and the people as the Founding States had intended for the Senate to do. In this case the Senate failed to kill bills which established the NLRB and appropriated funds to run the NLRB.
The ill-conceived 17th Amendment needs to disappear, and corrupt senators, and non-elected bureaucrats using government power to push their private agendas along with it.
The ill-conceived 17th Amendment needs to disappear ...
That was one of the justifications for Senate Elections. Another was that in some states the governor was of one party while the legislature had majorities of the other party. When the Governor could not nominate any candidate that the legislature would approve, the state was left with NO Senators for years.
So the 17th solved some immediate problems while creating a larger hidden problem.