“Supreme Court Rulings Chip Away at Power of Federal Agencies..”
Chip away hell...take a chain saw to the bastards!
I’ll give Mr. Hamburger a pass on his name. After all, aside from a sandwich it’s a citizen of Hamburg, Germany.
The very first sentence of the Constitution:
“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
I see no other clause in the Constitution that grants exception to this, and no clause that allows Congress to delegate its’ legislative authority.
“Regulations” from the Executive branch that require some kind of behavioral compliance, and provides for punishments, including fines and/or imprisonment, for non-compliance, are defacto LAWS. On its’ face, regulations not specifically passed by Congress through the Constitutional legislative process are ILLEGAL.
The History and Danger of Administrative Law
https://constitutionclub.wordpress.com/2014/10/01/the-history-and-danger-of-administrative-law/
I was taught that regulations have to have a direct relationship to the actual enabling statute for the respective administrative agency. If it doesn’t then the regulation is illegitimate and unenforceable. For instance, USDOT has no say on auto and truck emissions regulations, EPA has no say over privately owned residential gas stoves.
Sounds like the "constitutional scholar" needs to read the Constitution.
WE're a Republic.
Words matter.
In a related matter, where does the executive branch get the authority to take equipment bought with congressionally appropriated money (or the equipment it can buy) for an agency such as the DOD and just give it away to foreign countries like the Ukraine, all without congressional approval???
“federal agencies” have NO rights or authority under the Constitution.
The 10th Amendment provides that any right not specifically delegated in Constitution are reserved to the States or to the People.
Good. But I would hope it did more than just “chip away.”
The Federal Government and Lawyers are the two most corrupt organizations in America. That is my honest opinion. If Americans could see what the government gets and where the actual money goes it would shock them to death. Do not forget Lois Lerner,and the FBI hoodlums.
LMAO
turnabout is fair play!
now for the rest of THEIR lives, just like my entire life up until recently the left has to deal with the FACT that the supreme court can do whatever it wants and no one can do squat about it!
50 years+ I put up with it, the left can now deal with it for the next 50!
I heard a Douglas Wilson podcast (Canon Press) about this topic and the Phillip Hamburger book. With Wilson being in Idaho it makes sense that he would be familiar with the Sackett case.
My understanding was that President Martin Van Buren had a hand in creating the Administrative state. But maybe that was only its genesis.
This one line shows how Reagan and the Reagan revolution failed us domestically.
While he was focused on foreign issues and communism abroad, liberals were chipping away at the foundations of our society and culture. In the heady days of the Reagan landslides, these nibbles at the feet of the American superstructure were ignored and the domestic cultural rot was allowed to settle in, which eventually metastasized to overtake all our domestic institutions.
D.A.s, intelligence agencies, IRS, SEC, EPA, police, military, courts ... all do whatever they please. Ignoring some laws, over-prosecuting others. No "equality before the law."
We're in a Third World nation. No rule of law. Just arbitrary exercises of state power by whichever official you happen to come in contact with.