I dispute the “most,” but there is a huge amount of unconstitutional stuff embedded into the law that will never be changed.
Given enough time, even the most benevolent governments move closer and closer to totalitarianism.
The delegation of powers to federal agencies is not the problem.
The assumption of unconstitutional powers and then the delegation of them IS the problem.
The comments at the NYT are a statement on why we don’t want the coastal, big city elites running anything. Although they are the smartest people in the room, just ask them.
Mr. Fishbine: "One paramedic in a rig is illegal."
Mother: "EVERYTHING about this place is ILLEGAL."
“Yes, a lot of it is unconstitutional.”
Precisely correct. The United States was founded on the basis of individual states having control of their own states as they saw fit so long as it did not violate federal law as defined in the constitution. Our constitution has been ripped asunder by activist judges that knew full well their decisions were extra constitutional.
Our constitution defines us as a republic of individual states and sure as hell not a democracy of a nation. It is really that simple. The sainted Judge Thomas would agree, may he live long and prosper. He is a worthy successor to the also sainted Judge Scalia.
Delegation has no basis in the Constitution, it was New Deal BS - nowhere does the Congress have the right to hand over lawmaking authority to the Executive.
The other utterly un-Constitutional law making is from the Bench whether Federal or State. Mr. Marshall was just bitter that his nemesis Jefferson got to write all this stuff down so he thought he’d bone him with a little power grab. Marbury v. Madison should be explicitly reversed, and the applicability of any law dealt with on a case by case basis.
If a poll was ever conducted with the question “Is our two party system working” ? The response would be 90% negative. What is being employed by This so called coup d’ etat against Trump should not be viewed as against Trump but an impeachment of our constitution. .
Everything the man has attempted to get done has been blocked by a radical group composed mainly of members of the democrat party in top leadership legislative and judicial branches of government who view the constitution as an obstacle to their concepts of government intrusion on individual liberty guaranteed by it as they advance their policies.
DC has become the land of non-law.
_laws_ passed by legislators 51% or more majorities, or _judicial_ legislation or by _executive_ legislation, commonly ignore USConstitution limited powers of USGov.
Huge portions of the managerial state are unconstitutional. They are also oppressive. They exist to harass and harm normal people while protecting and doing the bidding of degenerates and weirdos.
Did Roberts vote liberal again?
The founders were absolutely amazing in being to figure out that someone within the government down the road, was going to sneak things in that were questionable concerning their document, the Constitution. This is why they created checks and balances. But that was based upon honesty, integrity, and the sincere belief the government was there to help the people, not themselves. Well, they couldn’t be expected to trust everyone could they?
rwood
Alito??? Not good.
Why the sudden concern? Color me suspicious. Return everything but defense to the states. Restore the senate. Term limits on every public office. Hey.. a girl can dream, right?
Sweet, sweet, SWEET!!!
I’ve been howling about this ever since I first read the Constitution. If ALL powers of Congress are expressed in writing, then how the hell do they delegate so much authority without permission?
Congress (Big Bro, in other words) controls every little aspect of our lives, from the toothpaste we use in the morning to the fire-retardant qualities of the pajamas we wear to bed at night. In between are gas mileage, light bulbs, online gambling, all drug laws, transportation laws, tax laws, and I’ll stop here so I don’t take up all of Free Republic’s bandwidth listing the rest of the crap that IS NOT enumerated in the Constitution.
The opposite of freedom is laws. You can do whatever you want, anything, unless there is a law that stops you from doing so. There are so many laws now that anything might land you in jail. I want my freedom back.
Executing criminals was justice. Killing babies was murder. And the cost and count of Federal employees wasn’t excess.
YES INDEED!
whenever the next couple nominations can be made,
let’s make SUPER SURE that we get some honest people on that court who will follow our Constitution!
It is worthy of note the NYTs brazenly comes out on the side of ignoring the Constitution.
They have always been against limits on government power.
The major exception has been the First Amendment, when strict enforcement gave them significant power *over the government*.
a) is the Congress' legislation exceeding the scope of its Constitutional powers? I think the answer is unquestionably "yes," but good luck getting any couyrt to act on it until SCOTUS reverses Wickard v. Filburn.
b)Assuming the law is Constitutional in scope, is the law so vague that Congress is delegating an illicit amount of its lawmaking authority to administrative agencies whose power to "interpret" laws in promulgating regulations becomes tantamount to legislation by the Executive. I think here the answer is also clearly "yes." The courts' deference to agency "interpretation" is known as the "Chevron doctrine," and it will probably be overturned soon. According to Chevron, the courts should defer to an agency's judgment if the regulation appears "reasonable" regarding implicit consequences of a law. The real standard is that neither an agency nor a court has power to regulate regarding an "implicit" consequence of the law because then it is substituting its own judgment for that of the legislature.
About 90%.
Most of the power belongs to the states or to the people...or so it says. Hah!