Posted on 01/29/2025 5:02:35 AM PST by MtnClimber
Everyone wants the voracious, feral regulatory state defanged, declawed, drugged into a stupor, and chained in a cage, if not killed outright. This essay will walk readers through the process, along with making some recommendations for short- and long-term fixes.
One way to dismantle the administrative state is via litigation (as was the case with getting the EPA to stop regulating private ponds, which finally happened via Sackett v. EPA). However, dismantling the Administrative State via suing the federal government regulation by regulation is not within the realm of possibility. That’s because the Administrative State, like onions and parfaits, has layers: laws, rules, regulations, policies, and procedures.
(NOTE: “Rules” is the general catch-all word folks use for any and all of these layers, but when I use the term, I mean federal court rulings.)
SNIP
Congress can pass new laws and amend old ones. Federal courts can reverse egregious rulings like the Chevron doctrine. Administrations can change policies. Agencies can walk back regulations and update procedures. Lately we are seeing Presidents make immediate changes through the Executive Order process they control. A comprehensive overhaul requires coordination rather than chaos.
To clean up this enormous mess will require real, coherent teamwork among agency and congressional staff, their legal departments, and the delightfully named Department of Government Efficiency. I suggest some members of the public be added to each team; namely, old, cynical federal managers who know where all the bodies were buried and all the cash spent.
(Excerpt) Read more at americanthinker.com ...
I hope President Trump has a multi-pronged attack against the regulatory agencies. They have become a huge burden on society.
Moving forward, Trump’s administration can have an immediate impact on runaway regulation. The first thing those working to finalize the FY-2025 budget over the next few weeks can do is slash spending for every agency for the remainder of the year. This will limit agencies’ ability to continue their draconian oppression of We the People via their nitpicking of the minutia of our lives.
I suggest:
No mere regulation issued by a federal entity shall be admissible into a court of law except by a defendant and only to a safe harbor extent that is exculpatory unless the regulation has been actively, explicitly and specifically adopted by Congress by law.
The only way to do anything with any sense of permanence is to get legislation updated.
Most legislation provides wide latitude in how it’s implemented - just look at the diff between Trump and Biden’s handling of immigration.
Now extend that thought to the EPA - one administration can simply keep pollution down, while another could send us into the stone age.
The wide swing in activity among differing administrations exemplifies the inherent instability of the current government.
The wider that gap gets, the more we get like central and south america where depending on who’s in office, depends on who lives or dies, which just leads to revolutionary activity and terrorism.
Nice!
The cabinet members must see to it that their departmental regulations are rewritten in a concise, clear, necessary & proper and logically organized way.
STONE AGE:
EVER WONDER WHERE A CAVEMAN WENT TO THE BATHROOM???
This is the historic breakthrough of the Chevron ruling. If Congress did not directly authorize it, it can be wiped out in a day. Sort of like a really expensive version of Simon Sez.
Of highest priority is energy freedom and removal of obstruction for small business. We would do well also to Dynamite three or four pillars supporting Obamacare.
>The only way to do anything with any sense of permanence is to get legislation updated.
Ah, another example of (R)N(C) ‘debating’ from Step {X} != 1.
The ONLY way is to eliminate via Courts as unconstitutional; since Congress+ isn’t going to 1) reign in...ANY thing/body 2) abolish ANY thing/body
“By WHAT authority? (Art/Sec/Cl)” Then be ready for the immediate counter via A1S8, 9th, 10th (if not 4th, 5th, 13th & 14th A.)
Course, we have the “No Right is ‘absolute’ (negating Rights from the get go” SCOTUS these days...
But, MAYBE, just a FEW more ‘conservative’ Congress-critters/judges will do the trick...THIS time *rolls eyes*
There is no dismantling it without vaporizing it. It’s much too vast.
‘Some’ balance, however, may be achievable with back-to-back DJT/Vance administrations.
The lack of attention paid to GS workers (among other aspects, including judges) since Reagan is just one more (significant) black eye for the gray haired gop.
I, too, have been saying that for years.
The assertion underscores the underrated - and mostly forgotten - Awan Bros scandal.
Republicans have made zero progress at Doral. Continue to do nothing. They might have something by end of summer to vote on.
Supreme Court 9, Administrative State 0
On April 14, 2023, the Supreme Court struck a blow supporting our Constitution and individual liberties. Beginning in the late nineteenth century, citizens began losing many freedoms through administrative edicts. Appeals of these regulations had to be made to courts within an agency, which has already found the people guilty. Such power harks back to discretions of English kings unrestrained by Parliament found in such places as King’s Council and the Star Chamber.
The Supreme Court acted to reassert the jurisdiction of district and circuit courts and the legislature as established by the Constitution. All power was to reside there, so Americans could avoid the sad experience of English citizens. Justice Kagan delivered the unanimous opinion of the court saying, “One respondent attacks as well the combination of prosecutorial and adjudicatory functions in a single agency….They maintain in essence that the agencies as currently structured, are unconstitutional in much of their work”.
You and I could relate too many examples of people’s frustrating experiences facing government bureaucrats. Their sufferings cause me to reflect on a passage where Fredrick Douglass describes overseer duties. I only substituted for the words slave, overseer, and master.
“No matter how innocent a citizen might be it availed him nothing when accused by the bureaucrat of any violation of a regulation. To be accused was to be convicted and to be convicted was to be punished….To escape punishment was to escape accusation….few citizens had the fortune to do either under the overseership of the agency.”
Supreme Court 9, Administrative State 0
https://freerepublic.com/focus/f-news/4145682/posts
The History and Danger of Administrative Law
https://constitutionclub.wordpress.com/2014/10/01/the-history-and-danger-of-administrative-law/
bttt
Forgot one important piece. The whole thing CFR then USC needs to be brought into alignment with the enumerated powers of the constitution. No efficiency analysis required for that.
Hopefully you send the same to each/every govt-critter in local, State & Federal levels, yearly
I am sorry. I have about forty or so on my email list and I have never seen it published.
BTTT
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