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To: Jim Noble

Good post, thanks.
What happened in 1937?
There is nothing the EPA does that can not be done by the States.


42 posted on 03/21/2015 5:38:53 AM PDT by Repeal The 17th (We have met the enemy, and he is us.)
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To: Repeal The 17th

In 1937, Roosevelt had been re-elected in a landslide, and decided to move against the Supreme Court, which had been declaring many of the acts of his New Deal agencies as unconstitutional acts of legislation by the Executive Branch.

He announced that he would appoint six new justices, bringing the total to 15 from 9.

This caused several justices of the existing 9 to change their minds about the constitutionality of delegating legislative powers from Congress to the agencies, and the proposal was dropped.


43 posted on 03/21/2015 5:46:15 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise. .)
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To: Repeal The 17th; holdonnow
By the way, good screen name - but at this time, a Constitutional amendment to "take away the people's right to vote (for Senators)" cannot be passed.

A non-delegation Amendment, OTOH, would RESTORE the people's right to have laws made ONLY by the representatives they elect.

I'm afraid we are too far gone towards executive dictatorship, because of the trend since 1960 to see the President as "representative of the whole people" rather than a hired hand. Just look at all the people here who argue over candidates as if how similar they are to them is the main qualification for senior executive leadership.

If 1 President = 100 Senators = 435 congressmen, then the minions of that one President have a right equal to, and arguably superior to that of Congress to legislate. Both Napoleon and AH used this argument to consolidate their power - that, despite the existence of representatives of groups of the People, only the LEADER represented ALL of the People.

In 1941, the (overwhelmingly Democratic) Congress directed FDR to make war on the Empire of Japan. This could not happen today.

44 posted on 03/21/2015 5:57:57 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise. .)
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