Posted on 01/03/2022 7:35:44 AM PST by george76
Agencies under the full control of the executive branch have been setting regulation never enumerated with actual words in the laws passed. The dreaded “...and for other purposes...” bolted on to laws passed needs to be found illegal,,, again.
Obama’s Law school Professor: the EPA is burning the US Constitution.. EPA is attempting to exercise lawmaking power that belongs to Congress and judicial power that belongs to the federal courts..
EPA is attempting an unconstitutional trifecta: usurping the prerogatives of the States, Congress and the Federal Courts all at once..~ Laurence Tribe, a liberal constitutional scholar at Harvard University.
http://www.freerepublic.com/focus/news/3269063/posts
Roberts and hid fellow employees of Fedzilla are there to protect Fedzilla.
You may recall that implementation of the Obama rule led to a Wyoming farmer being fined $37,500 a day for constructing a stock pond on his own property.. construction was done AFTER he obtained the County & State permits.
http://www.freerepublic.com/focus/news/3778419/posts
Reinvigorating the non-delegation doctrine would have the incidental benefit of limiting the scope of Congressional activity. It takes considerably more time and attention to craft an actual law, as opposed to endorsing an idea which is to be turned into a “law” by an agency.
We need the new Republican Congress to adopt a “must impeach” stance against ALL lower court judges whose decisions are overturned on Constitutional grounds. There MUST be a price to pay for judges who overstep their authority.
I’d like to listen to Mark Levin elaborate on this. Anyone know if he’s discussed?
Hopefully, the Supreme Court doesn't share Bette Midler's view of West Virginia.
Apparently Scalia was, if I read the article correctly.
The practice of enacting ambiguous language is a problem at the state and local level too. Giving freedom to bureaucrats is not the same as giving freedom to people.
Arguably, the SC is shutting the gate after the horses have already scattered into the country side.
I say this because millions of knowledgeable people with a functioning brain have lost ALL respect for the Supreme Court.
WHY? Because in late 2020 and early 2021, hiding behind the overly used legal doctrine of “standing”, this John Roberts court and approximately 50 of it’s sub ordinate federal district courts ALL, IN UNISON, refused to even listen to overwhelming EVIDENCE of ILLEGAL activities by the Democrats in the 2020 election.
A convicted kidnapper (Demarcus Sears) has standing in a case about hitting his head as a child but the very EXISTENCE of the country did not have standing.
Texas and many other states combined do not have standing to Roberts but a fn convicted kidnapper’s head injury, decades earlier, does.
Roberts, Kavanaugh and Barrett have made themselves laughable and the butt of countless jokes.
They don’t seem to get that America itself is in jeopardy and in danger of break up.
You would need to elect different Republicans than the Assistant Democrats we have been electing.
Restricting Federal Agencies regulatory overreach would be a great step in taking back Constitutional Freedoms.
What the country really needs is a thoroughgoing review of all the unenumerated powers Fedzilla has acquired since the Progressive era, especially the New Deal and "alphabet agency" creation in the 60s and 70s followed by Constitutional amendments to clearly outline and limit which of those powers the Fed gov gets to keep. Perhaps an Article V convention is really needed.
I am of the opinion that the 10th amendment should be interpreted as ... If it is not enumerated in the Constitution, (say healthcare such as vaccines and abortion) the authority to regulate or control falls to the individual states.
I am further of the opinion that any law or regulation that infringes on a citizen’s right in the Constitution must pass “Strict scrutiny” in order to be lawful.
I have been saying the same thing for years. But there is a problem, what happens when the apelet court is stacked progressives?
What's to stop them from over ruling conservative judges just to oust them? You know they will.
The Supreme Court has been less than consistent for quite a wile.
You are right about the complete lack of accountability I'm just not sure the best way to fix it.
Then do Wickard v Filburn and Miller.
L
Somebody’s got to do it.
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