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without following the procedures required by Congress, he is rescinding 24 guidance documents that were unnecessary, outdated, inconsistent with existing law, or otherwise improper.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
Seven of the 24 Obama-era rescinded “guidance documents” were focused on affirmative action.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.
Posted from: MOTUS A.D.
i agree.....the fbi made up its own rules and everything was ok.
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
https://www.justice.gov/opa/pr/attorney-general-jeff-sessions-rescinds-24-guidance-documents
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.
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
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.
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.
For those of you that blamed corporations and employers. What a convoluted set of guidelines are being rescinded.
More winning...………………………………..
“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.
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.
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.
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.
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.
“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.
Nevertheless....that's 42 pieces of unnecessary cr** that's been eliminated.
His criticism was earned by his lack of prosecuting criminality within high levels of the federal government.
>
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)
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.