Posted on 07/04/2023 5:59:41 AM PDT by Oldeconomybuyer
WASHINGTON (Reuters) - Even as it has ushered in sweeping changes to American law and society - on abortion, gun rights and affirmative action - the U.S. Supreme Court has kept tabs on another issue of keen interest to its conservative majority: keeping federal regulatory power in check.
The issue will figure prominently during the court's next term, which begins in October, as the justices already have agreed to decide several cases that could curtail the authority of U.S. agencies to issue regulations and enforce laws in areas ranging from finance to fisheries.
The cases involve what has come to be known as the "administrative state," the agency bureaucracy that interprets laws, crafts federal rules and implements executive action. The court's conservatives, with a 6-3 majority, in recent years have reined in what they viewed as governmental overreach by the Environmental Protection Agency (EPA) and other agencies.
"Next term is going to be a huge one at the court for cases involving the administrative state," said Brianne Gorod, chief counsel at the Constitutional Accountability Center liberal legal group. "These cases all represent challenges that are part of a long-running, multifaceted conservative attack on the administrative state, and nothing less than the ability of the federal government to function effectively is at stake."
(Excerpt) Read more at news.yahoo.com ...
Has the Supreme Court ever taken a look at the constitutionality of FISA?
Do Wickkard v. Filbourne.
>>the ability of the federal government to function effectively is at stake.
They say that as if it’s a bad thing...
It just occurred to me- If Trump doesn’t win in 24 America as founded is dead.
Not while we still have Guns, the Founders ultimate check.
That “just occurred” to you? Lay down the bong. We’ve been saying that for years.
Secrecy, the lack of this makes the guns worthless.
The founding fathers, mostly Masons had the secrecy of the Masonic Order.
Today, not enough can keep their mouths shut and every other member of any group trying to start anything will be an FBI agent.
Kill the beast by requiring direct taxes, wages, etc, (except income) to be apportioned. The court ruled in Glenshaw glass that income is actually all appurtenances to wealth as opposed to the original meaning as a derivation (calculation on principal) from a source. That means increases in nominal value from outside like inflation are taxed.
The SCOTUS (or any court) can't just look at the constitutionality of anything. The case has to be brought to them..... and they decide of they'll take the case (for good or for bad).
And get rid of ‘withholding’.
If every American had to write a check or pay cash for their full tax burden every April 15 you’d see some real impetus for reform
Courts should simply not admit the regulatory texts into evidence.
If the Congressional act is too vague, strike it down.
Modern word processing software makes it very easy for governments to write laws.
From Wikipedia:
Speaking to aides of Roosevelt, Justice Louis Brandeis remarked that, “This is the end of this business of centralization, and I want you to go back and tell the president that we’re not going to let this government centralize everything.”
https://en.wikipedia.org/wiki/A.L.A._Schechter_Poultry_Corp._v._United_States
Maybe. But the flip side is what percent of Americans actually work and have taxes withheld now? The labor force participation rate is at an all-time low and on the decline.
Never did any drugs… ever. Can you make that claim?
These cases are the most important of all in terms of impact because they affect everyone. If the SC doesn’t put a leash on the agencies the rats will use the climate BS to inflict misery and dependence on everyone but the ruling class. They are well on their to doing just that. This is our last chance.
Agree! Then Reynolds v. Sims!
What they’re going to get rid of is “Chevron Defense”. In 1984 Scotus issued a ruling that basically said where the law is ambiguous the federal courts would defer to the administrative agencies interpretations of the law. This was an enormous grant of power to executive branch agencies. SCOTUS will almost certainly roll back that huge grant of power to the agencies.
All the things Lefties are whining about the court doing now is simply overturning a lot of decisions the leftist Supreme Court made from about 1965-1985.
The Chevron deference is destined to ashheap of history. Vote will be 6-3, maybe 7-2.
No regulation without the express consent of Congress and the President is Constitutional.
I doubt Scotus will go that far, but it should.
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