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

To: Technogeeb

Granted, the party would lose the votes of "peter" (those paying the price in the marketplace), but it would gain the votes of "paul" (those getting the now massively inflated government handout).

No one getting a massively inflated handout as implementation would be halted via injuction and administative remedy of the Courts on challenge.

Without an act of Congress, whatever the bureaucracy publishes becomes defacto law.

Only if it passes through statutorily prescribed process for the proposal, board review, public review process, and publication of regulations, and then survive the 90 day Congressional review period after publication. No act of Congress is necescary during the review process, a mere challenge is sufficient to bring things to a screeching halt. Even after all that, the regulation is still challengable in the Courts under tort law, or plea for administrative relief where error, malfeasance, or misfeasance can be shown to the standard of preponderance of the evidence. An injuction to halt implementation until after the contoversy is resolved in the court take less than that.

It is clear you have a very limited understanding of the processes involved in proposing, implementing, and challenge of regulations. Things do not happen by mere fiat of individual bureaucrats in government, it takes concurrent complicity of the President, Congress, department heads, regulatory review boards, and the Courts to make a bad regulation or material error stick.

1,060 posted on 11/12/2002 10:39:52 PM PST by ancient_geezer
[ Post Reply | Private Reply | To 1058 | View Replies ]


To: ancient_geezer
Without an act of Congress, whatever the bureaucracy publishes becomes defacto law.

Only if it passes through statutorily prescribed process for the proposal, board review, public review process, and publication of regulations, and then survive the 90 day Congressional review period after publication


Once again, as has already been shown, that process is subject to abuse. The "public review process" merely means the public can make comments, which can then be ignored. The "board review" is nothing more than the administration itself in most cases. If there really was anything the public could do to stop such abuses of power by the bureaucracies, they would have been used to stop Bensen's shotgun ban (which the NRA or GOA would have attempted) or the HHS HIPAA regulations (which a huge number of medical, insurance, and software companies, not to mention privacy groups, opposed for very valid reasons).

It is clear you have a very limited understanding of the processes involved in proposing, implementing, and challenge of regulations

Sorry, but you are quite mistaken. I have very intimate knowledge of the process (especially the "challenge" part), and I am sadly aware of its drastic inadequacies (mail me privately if you would like details and associated horror stories).
1,062 posted on 11/12/2002 11:00:06 PM PST by Technogeeb
[ Post Reply | Private Reply | To 1060 | View Replies ]

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