Posted on 11/18/2016 12:56:27 PM PST by Innovative
“Little-noticed law gives Trump unexpected power to undo the mischief of bureaucrats...”
Little-noticed law - the US Constitution - gives only Congress the constitutional power to write laws. Trump can write an EO that no federal bureaucrat can write law. Period. End of discussion.
Over time, unelected bureaucrats were given the power to write regulations that in some instances have the force of law.
I'm not saying this is an acceptable situation, simply that it exists and has probably been reinforced by many court decisions. We can rail against judges who disregarded the Constitution, but unfortunately we have to deal with their decisions.
The Constitutional remedy that can override it all is the law to which I referred above. It was passed by a Republican Congress in the '90s to address this very problem. So Congress can overturn regulations; they just have to have a president willing to sign the legislation, or a veto-proof Congress.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.