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Supreme Court to consider overruling Chevron doctrine
The Hill ^ | BY ZACH SCHONFELD - 05/01/23 10:20 AM ET

Posted on 05/01/2023 11:47:46 AM PDT by Red Badger

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To: TheConservator
tell the agency that it needs to get Congress to explicitly approve the expansion of its authority

The problem with that is that you are assigning to Congress powers it does not have.

61 posted on 05/01/2023 7:47:15 PM PDT by Jim Noble (It is the Right of the People to alter or to abolish it, and to institute new Government)
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To: pierrem15
Another example would be the BATFE’s recent redefinition of a firearm receiver to include 80% receivers

No, the problem is that Congress grants powers to BATFE that Congress itself does not have.

62 posted on 05/01/2023 7:48:34 PM PDT by Jim Noble (It is the Right of the People to alter or to abolish it, and to institute new Government)
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To: Rurudyne
What needs to be reversed is Trump v Biden.

NO ONE can tell me the cheat was not in...In that election

63 posted on 05/01/2023 7:50:50 PM PDT by Osage Orange
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To: Jim Noble
I agree that the ultimate cause is Congress claiming to have the authority make laws like the GCA or NFA. But the proximate problem is the BATFE's lunatic claim to be able to alter the statutory definition of a firearm.

I'll be happy to see the BATFE told to stuff it first. The ultimate implication of Thomas' "history and tradition" test is that only restrictions on "how and where" firearms can be carried are constitutional, so outright weapons bans except for "dangerous AND unusual" firearms are un-Constitutional. Outside of "how and where" arms may be borne there are no gun control laws before NFA and GCA except for a few outliers like NY's Sullivan Act. That also leaves GCA and NFA open to substantial challenges.

64 posted on 05/01/2023 7:56:54 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: dangus

I have always viewed the twisting of the Commerce Clause as a Leftist/Governmental Swiss Army knife to do whatever they want to do, and we let them get away with it.

It is so broad as to be rendered meaningless, but it isn’t. There is no limit to the mischief that can be caused by the manipulation of that.


65 posted on 05/01/2023 8:24:39 PM PDT by rlmorel ("If you think tough men are dangerous, just wait until you see what weak men are capable of." JBP)
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To: Osage Orange

Well, Biden did actually before cameras brag about the scope of the then pending voter fraud ... didn’t he?


66 posted on 05/01/2023 8:28:25 PM PDT by Rurudyne (Standup Philosopher)
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To: Rurudyne

if a ship Capitan is required to allow someone aboard his ship to which he has no real control of, how can he certify the safe operation of said ship? then the captain has to pay the person he doesn’t control? that’s rich


67 posted on 05/02/2023 2:41:57 AM PDT by jneesy (Good lord we have Jimmy Carters dumb cousin in the white house)
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To: CFW

It’s about time to roll back some of the authority federal agencies have.


68 posted on 05/02/2023 5:05:26 AM PDT by mabarker1 ( (Congress- the opposite of PROGRESS!!! A fraud, a hypocrite, a liar. I'm a member of Congress!!!)
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To: lgjhn23
Nope, nope and more nope. Should be decided by a free and fair open market to peoples’ needs and desires. NO government intervention whatsoever.

Yes... you're 100% correct. I get caught up playing the reality game.

Congress has TAKEN the power, and we haven't yet taken it back.

69 posted on 05/02/2023 5:26:22 AM PDT by SomeCallMeTim ( The best minds are not in government. If any were, business would hire them!)
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To: Jim Noble
They have no such power.

Legally, you're correct.

Unfortunately, you're wrong. They have assumed it.

70 posted on 05/02/2023 5:28:23 AM PDT by SomeCallMeTim ( The best minds are not in government. If any were, business would hire them!)
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To: DIRTYSECRET
Damn near every state has an EPA as well. One of the more famous stories around here is about how Obama's federalistas shut down a very productive mulching facility which was supplying people with low cost mulch, Penn-DOT with free mulch, smelting facilities with scrap metal, businesses with a nearly free way to dispose of broken pallets and Penn-DOT with a nearly free way to dispose of all the excess trees they cut and cleared to keep the highways safe.

Pennsylvania's EPA inspected them regularly and even gave them citations for running such an environmental friendly recycling operation.

But Obama's EPA said they were putting too much tannin in the local water and shut them down. Never-mind that tannin occurs naturally in rivers and streams from run off that goes through falling leaves and dead trees and, while this operation had zero effect on the tannin measured in local rivers and streams it was too high in the immediate runoff for Federal EPA's liking.

71 posted on 05/02/2023 6:27:54 AM PDT by Vigilanteman (The politicized state destroys aspects of civil society, human kindness and private charity.)
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To: Rurudyne

“He was not engaging in commerce at all by growing those crops, for he was neither buying or selling those crops.”

Totally get this argument however he was feeding those crops to the cows he was “growing and selling”, therefore making the crop growing part of the commerce?

I know, that’s a stretch....


72 posted on 05/02/2023 6:32:45 AM PDT by 1FreeAmerican
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To: SomeCallMeTim
What could possibly be more important to our country than mandating electric vehicles? This is something that SHOULD be decided by the people’s representatives in Congress, not by some unaccountable rule-writer in the EPA.

Under the Constitution, that is a State’s jurisdiction.

73 posted on 05/02/2023 6:37:15 AM PDT by gitmo
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To: jneesy

If I understood you correctly....

The federal government is not like a ship captain but has only a few specified, enumerated Powers and all other potential powers, no matter how needful they may seem to be, are reserved to others besides it. Unlike a ship’s captain it is not responsible for anything it has no enumerated power to address, it has no control of those things at all. That is why I referred to FDR and company stealing powers, for that is what they did.

There is no enumerated power to regulate commerce within a State or things which affect interstate commerce ... therefore the 10th Amendment (reserving them to the States and the people) forbids those powers to the federal.


74 posted on 05/02/2023 7:02:11 AM PDT by Rurudyne (Standup Philosopher)
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To: 1FreeAmerican

Affecting commerce is not commerce.


75 posted on 05/02/2023 7:02:48 AM PDT by Rurudyne (Standup Philosopher)
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To: Rurudyne

https://www.youtube.com/watch?v=MA8a2g6tTp0


76 posted on 05/02/2023 7:06:52 AM PDT by Osage Orange
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To: Osage Orange

Completely random: divide 2020 by Hiden Biden’s text number you see in the video: 30330.


77 posted on 05/02/2023 7:34:17 AM PDT by Rurudyne (Standup Philosopher)
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To: Red Badger

Why even have a congress if the agencies can make up their own laws. Even if a law isn’t well-written, how can it possibly have been written to mean some of the weird regulations that are issued... like forcing a fishing boat hire a monitor to examine fish levels.

Or, also current... allow the president to require folks with good credit to pay for the mortgages of folks with bad credit.

How can congress ever have written a law to allow such a thing.


78 posted on 05/02/2023 7:40:16 AM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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To: gitmo
Under the Constitution, that is a State’s jurisdiction.

In the REAL WORLD, the EPA is doing it.

With any luck, SCOTUS will kick it back to Congress. Getting back to the actual Constitution is about four bridges too far.

79 posted on 05/02/2023 7:50:27 AM PDT by SomeCallMeTim ( The best minds are not in government. If any were, business would hire them!)
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To: Rurudyne

That’s a full house.


80 posted on 05/02/2023 8:21:59 AM PDT by Osage Orange
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