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To: Rockingham

“All legislative power” is not a generality, it is specific and inclusive when it gives such power to one branch.

Anyone, regardless of their position or station, who cannot see that was the intention of the founders, is willingly ignorant.


56 posted on 12/18/2013 8:35:27 AM PST by SoFloFreeper
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To: SoFloFreeper
Congress exercised its legislative power by creating a federal agency to serve particular purposes and giving that agency a regulatory mandate, with Congress continuing to exercise its legislative power in funding of the agency and by enacting and amending the laws that it administers.

Your argument to the contrary ultimately comes down to the view that Congress may not to any degree whatever delegate quasi-legislative rule making power to an executive agency. In effect, you contend that it is not enough for Congress to provide for an executive agency that investigates and bans dangerous substances from the consumer marketplace. Instead, Congress must identify and ban such substances one by one through new and specific legislative enactments.

Such a view goes further than the non-delegation doctrines that some states apply as a check on their administrative agencies. Often, the eventual resolution at the state level is a special procedure by which the legislature reviews administrative rules and blocks or revises those that it dislikes. In practice, that rarely happens.

57 posted on 12/18/2013 9:53:09 AM PST by Rockingham
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