[cpforlife.org]

This is excellent. I wonder if he tried to do this when he had a Rep. controlled Congress? I don't remember, but I doubt it could pass either house right now?

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[markomalley]

This is excellent. I wonder if he tried to do this when he had a Rep. controlled Congress? I don't remember, but I doubt it could pass either house right now?

The proposed action is "rule making," not a law. The "rule" covers how an executive branch agency implements a law (for example, how, exactly, welfare benefits are made, or how, exactly, radio stations are licensed, or whatever). Therefore, the Executive Branch can do what it likes, as long as the proposed "rule" does not contradict a law. Congress has no role in this function at all.