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To: MtnClimber

I would but I’m retired. That being said they don’t have the authority to make any laws let alone enforce them. In fact every government institution doesn’t have the authority to make any laws. Only congress can make laws and only constitutional laws. These institutions have always benn government by fiat and Americans have just allowed it. Hopefully SCOTUS will shut this down and in doing so make all these institutions irrelevant.


6 posted on 11/09/2021 3:36:40 AM PST by maddog55 (The only thing systemic in America is the left's hatred of it!)
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To: maddog55

why wait or depend on SCOTUS? The people of US is the government;have the people say no.
I know ultimately they will succeed but we need to do what is right; refuse to take it.


7 posted on 11/09/2021 3:43:28 AM PST by jimfr
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To: maddog55

“That being said they don’t have the authority to make any laws ...”

That is true. But this morphs from black and white to gray, and there is a lot of judicial precedent since the rise of the administrative state under FDR. The genie is out of the bottle. “Regulations” made by an agency sure feel like laws, don’t they?, because one can get fined and in some cases go to federal prison. But regulations are not laws according to the judiciary in the purest sense ... they mechanism to implement the law passed by Congress. If an agency acts outside of what Congress passed, then the regulation has no force.

Congress passed the “OSH Act” and good Republican Nixon signed it into law. Under the Commerce Clause, the feral givernment preempts states in workplace safety. Therein OSH Act is a provision that the Sec’y of Labor may protect workers against “grave dangers” that exist in the workplace through emergency rulemaking. That rulemaking suspends the more demanding requirements spelled out in the Administrative Procedures Act for “normal rulemaking”.

I’ll stop here, with one fundamental question. When Congress passed the OSH Act, and provided the grave danger mechanism, did it intend for OSHA to implement a regulation for disease during a pandemic that persons can be exposed to outside the workplace as well as inside the workplace? I would argue the agency is well outside its legal authority on this point.


14 posted on 11/09/2021 4:35:32 AM PST by Susquehanna Patriot
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