I hope President Trump has a multi-pronged attack against the regulatory agencies. They have become a huge burden on society.
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.
The cabinet members must see to it that their departmental regulations are rewritten in a concise, clear, necessary & proper and logically organized way.
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.
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.
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.
BTTT