Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Supreme Court just took a case on the EPA’s authority. Its decision could undo most major federal laws.
Washington Post ^ | Oct 29, 2021 | Pamela Clouser McCann, Charles R. Shipan

Posted on 10/30/2021 7:54:06 AM PDT by where's_the_Outrage?

The Supreme Court on Friday agreed to hear a challenge to the Environmental Protection Agency’s authority to regulate power plant emissions, in a case that legal scholars say could undermine Congress’s constitutional authority to delegate power to federal agencies. Some argue that such regulation — not just by the EPA, but in President Biden’s vaccine mandate as well — is unconstitutional because of a somewhat arcane legal doctrine called the “nondelegation doctrine.” This theory holds that Congress cannot delegate broad policymaking authority to government agencies.

Why does this argument matter? Our research finds that if the Supreme Court were to invalidate either the EPA’s authority or the vaccine mandate under this doctrine, it might unravel nearly every major law Congress has passed since World War II. Nearly every one of these laws involves delegating authority to U.S. agencies.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: congress; energy; epa; globalwarminghoax; greennewdeal; nondelegation; power; powerplants; production; scotus; scotusepa
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-85 next last
To: Nateman
Nameless, faceless, unaccountable bureaucrats making up law for everyone in the the nation , how could that possibly be unconstitutional? /s

This! Leave it to the Compost to refer to the non-delegation doctrine as "arcane".
21 posted on 10/30/2021 8:13:44 AM PDT by rockvillem
[ Post Reply | Private Reply | To 18 | View Replies]

To: Enterprise

Most likely the court took the case to cement the doctrine. Then it will be “settled law”.


22 posted on 10/30/2021 8:14:46 AM PDT by Fido969 (45 is Superman!Al gun, I believe. )
[ Post Reply | Private Reply | To 4 | View Replies]

To: where's_the_Outrage?

There aren’t enough slaughterhouses in the world to butcher that many sacred cows. ‘Twould be nice, though.


23 posted on 10/30/2021 8:14:50 AM PDT by Migraine
[ Post Reply | Private Reply | To 1 | View Replies]

To: C210N

—> Paving the way for Devolution, as described quite eloquently and thoroughly by Kash Patel. Devolution Part 1 - How did we get here?

++1


24 posted on 10/30/2021 8:17:56 AM PDT by aMorePerfectUnion (Fraud vitiates everything ᡕᠵ᠊ᡃ࡚ࠢ࠘ ⸝່ࠡࠣ᠊߯᠆ࠣ࠘ᡁࠣ࠘᠊᠊ࠢ࠘𐡏⁻ )
[ Post Reply | Private Reply | To 12 | View Replies]

To: BiglyCommentary
Barrett’s way too into stare decisis to overturn this.

Perhaps, but 1977 was not that long ago so it really isn't settled law. I have my hopes up that Barrett will make all the haters here eat crow. Very little of what is said here about her is based on reality.

25 posted on 10/30/2021 8:19:26 AM PDT by jpsb
[ Post Reply | Private Reply | To 15 | View Replies]

To: where's_the_Outrage?
legal scholars say could undermine Congress’s constitutional authority to delegate power to federal agencies

I'm pretty familiar with Article I.

Perhaps these "legal scholars" could point me to where Congress has the power to delegate its exclusive powers which arise from the fact that they are elected and are subject to removal through election, neither of which apply to "federal agencies".

26 posted on 10/30/2021 8:20:50 AM PDT by Jim Noble (The nation cannot be saved until the GOP is destroyed)
[ Post Reply | Private Reply | To 1 | View Replies]

To: where's_the_Outrage?

Yeah, we’ll be in the clear real soon. 😨😕. Individual’s right of self determination? Count on ‘scotus’ to uphold that. NOT.


27 posted on 10/30/2021 8:21:42 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this? 😕)
[ Post Reply | Private Reply | To 1 | View Replies]

To: where's_the_Outrage?

Too good to be true, but it is true.

We don’t need a congress anymore. Congress doesn’t even produce a budget anymore, it’s main job under the Constitution. Congress has meaningless hearings, sets up money trains and royal-style travel for its members, talks a lot and that’s about it.


28 posted on 10/30/2021 8:24:50 AM PDT by SaxxonWoods (Arrest and charge Anthony Fauci. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: where's_the_Outrage?

“..in a case that legal scholars say could undermine Congress’s constitutional authority to delegate power to federal agencies..”

Prejudiced much here?? (It’s the WaPo, so of course there’s prejudice).

The case is to decide if Congress has the constitutional authority in the first place. It’s not up to the Post or the rest of the press to say whether something is constitutional. The WaPo assumes it’s constitutional and any decision otherwise is undermining the Constitution.


29 posted on 10/30/2021 8:25:24 AM PDT by Roadrunner383
[ Post Reply | Private Reply | To 1 | View Replies]

To: where's_the_Outrage?

We can only pray and hope.


30 posted on 10/30/2021 8:25:35 AM PDT by Blood of Tyrants (When elections fail, we will either live under tyranny or rebel and throw it off.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim W N

“ I don’t care how he does it whether via the Court or another rebellion of Patriots, but one way or the other tearing down the unconstitutional part of the feds and rebuilding our Free Constitutional Republic MUST HAPPEN for our restoration and MAGA.”

_____________

All of my family are on board with this statement. All God asks of us is to put on His armor and show up to the fight.


31 posted on 10/30/2021 8:26:01 AM PDT by jacknhoo ( Luke 12:51; Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: where's_the_Outrage?
If they do that I hope they follow it up with overturning Wikard v. Filburn which said that even intrastate non-commerce could be regulated as interstate commerce.
32 posted on 10/30/2021 8:28:11 AM PDT by KarlInOhio ("Anti-fascist" is from the official name of the Berlin Wall: Anti-fascist Protection Barrier.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lurkinanloomin
…it might unravel nearly every major law Congress has passed since World War II.

The media lying again. Regulations are not laws. No bill went through Congress to be signed by a president to implement them. They are edicts. Royal decrees by unelected bureaucrats…

33 posted on 10/30/2021 8:28:35 AM PDT by Magnatron
[ Post Reply | Private Reply | To 5 | View Replies]

To: where's_the_Outrage?

Piffle...

Won’t happen.


34 posted on 10/30/2021 8:29:03 AM PDT by OpusatFR (TimetoRexissoon)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lurkinanloomin

Even if they did, the decision would be ignored. Check out “legislative veto,” declared unconstitutional (1983).


35 posted on 10/30/2021 8:29:15 AM PDT by scrabblehack
[ Post Reply | Private Reply | To 5 | View Replies]

To: where's_the_Outrage?
Any lawyer arguing this case should bring up this clause from the Declaration of Independence:

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

Since this was among the reasons listed for separation and very much describes the bureaucratic mess we find ourselves in today it shows that the spirit of the Constitution has been severely broken.

36 posted on 10/30/2021 8:31:04 AM PDT by Nateman (If the Left is not screaming , you are doing it wrong.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: where's_the_Outrage?

I have been saying this for years..
Congress does this so that they don’t have to work real hard and can attend their parties..
Also they have plausible deniability about rules and regulations.
Petty beurocrats should not be able to pass “regulations” that can cost a person freedom or treasure.

That job falls upon Congress. They cannot be held responsible for rules made up by others.

Ruling against the unelected making, for lack of a better word, laws, would go a long way towards restoring our Republic.
At the same time it would strike a major blow against the deep state.


37 posted on 10/30/2021 8:32:34 AM PDT by joe fonebone (bush league chamber of commerce worshiping republiCAN'Ts are the enemy)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jacknhoo

Where do I sign?


38 posted on 10/30/2021 8:33:23 AM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
[ Post Reply | Private Reply | To 31 | View Replies]

To: where's_the_Outrage?

Dear God,

Let it be so!


39 posted on 10/30/2021 8:36:29 AM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith…)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Enterprise

SCOTUS could have chosen to ignore taking up the case; that they have decided to hear it should at least bring us some happy optimism.


40 posted on 10/30/2021 8:38:03 AM PDT by PROCON (Sic Semper Tyrannis)
[ Post Reply | Private Reply | To 4 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-85 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson