There is already precedence for SCOTUS to overturn executive orders. I don’t know what method was used yet. I think it was 6 times, twice on Truman and 4 times on Roosevelt.
If it’s the oridinary method of file and wait years, then that won’t do. It must be some sort constitutional method of getting immediate attention, or is this undefined ground? I know it happened during Bush vs. Gore, but they just kicked to states high court until they could examine a rendered decision.
The concept and implementation of the “Administrative Agencies” are inconsistent with the Constitution, which gives ALL legislative powers to Congress.
What has happened is that Congress has assumed that they are too stupid to pass laws in certain areas, so they passed vague laws and yielded the remainder of their legislative powers to the agencies to do the research, draft regulations, then become investigators, prosecutors, judges, and executioners to enforce those regulations. There are literally so many criminal offenses defined by those regulations that the Administration cannot enumerate them.
This process is totally out of control. In the last two years, the House passed about 300 proposed laws, of which less than 100 were passed by the Senate and signed by the President. The Administrative Agencies published about 30,000 pages of “rules”.
To get back to sanity, at a minimum, any administrative agency rule should be able to be disapproved by House and Senate Resolution without the President being able to veto the resolution -— after all, his agency proposed the rule. Better Yet, when an agency proposes a rule, unless both House and Senate concur, it does not become law.
We currently have it backwards — the agency proposes a rule, House and Senate can disapprove, but the President can veto the disapproval and it becomes law.
I would require that every federal regulation, before it became enforceable, must be read, in its entirety, before a quorum of each house, twice.
In August.
Without air conditioning.
“The Senate may use the procedure for 60 days of session after the agency transmits the rule to Congress. In both houses, however, to qualify for expedited consideration, a disapproval resolution must be submitted within 60 days after Congress receives the rule, exclusive of recess periods.”
So, if I’m reading this correctly, none of the EPA and other so called “rules” put out this year would be able to be axed by a disapproval resolution. However, with Pubbies controlling both the Senate and the House next year, this is something they could use. I suspect that a few of our Legal Eagle Pubbies, such as Gowdy, Sessions and Cruz are aware of this and I hope they intend to use it.